Blog Post: State v. Alnesha Minitee/State v. Darnell Bland (A-70/71-10)Decided June 14, 2012 __ N.J. __ (June 14, 2012) Posted by: New Jersey Criminal Lawyer, Jeffery Hark On June 14, 2012, the New Jersey Supreme Court delivered an opinion in State v. Minitee/State v. Brand, in which the Court redefined the standard for exigent circumstances…
As with federal law, the law of New Jersey requires practitioners and other health care entities to make certain disclosures to government agencies regarding medical malpractice settlements. Under the substantive state law of New Jersey, there are several provisions which impact the reporting of settlements to the State Board of Medical Examiners or other state…
Wrongful Death and Recoverable Damages In Green v. Bittner, the New Jersey Supreme Court expanded the scope of recoverable damages arising out of a parent’s wrongful death suit in the death of their child. The Court, reflecting upon a case wherein the jury had effectively decided that the value of a young woman’s life to…
On April 17, 2012, the Appellate Division ruled that an expert opinion related to the possession of cocaine by the defendant with intent to distribute cocaine was improper because it was expressed in a manner directly commenting on the defendant’s guilt. Generally, the opinion of an expert in a drug distribution case should be expressed…
Facts: • Defendant Zarik Rose was incarcerated in 1995 on charges relating to the attempted murder of Charles Mosely. • While awaiting trial, Defendant allegedly told one of the State’s witnesses against him that he wanted to have Mosely “whacked,” and that Defendant solicited the witness to kill Mosely. • At trial, the State moved…
2012 WL 1069092 Facts: • Petitioner was arrested during a traffic stop by a New Jersey state trooper who checked a statewide computer database and found a bench warrant issued for petitioner’s arrest after he failed to appear at a hearing to enforce a fine. • He was initially detained in the Burlington County Detention…
Facts: Respondent was charged under Michigan law with assault with intent to murder and three other offenses. The prosecution offered to dismiss two of the charges and to recommend a 51-to-85-month sentence on the other two, in exchange for a guilty plea. Respondent rejected the offer, allegedly after his attorney convinced him that the prosecution…
On March 14, 2012, the Supreme Court held in MISSOURI v. FRYE that criminal defendants have a constitutional right to effective lawyers during plea negotiations. MISSOURI v. FRYE Facts: Frye was charged with driving with a revoked license. Be¬cause he had been convicted of the same offense three times before, he was charged, under Missouri…
The first known New Jersey case of a juror punished for doing his own internet research. On March 12, 2012, Judge Peter Doyne has imposed a $500 criminal contempt sanction on Daniel Kaminsky, a jury foreman, whose actions led to a mistrial. Kaminsky did independent research during the jury-deliberation stage and learned about the sentence…
Background: Defendant was convicted of reckless manslaughter, aggravated assault, and three weapons offenses. He appealed. The Superior Court, Appellate Division, reversed and remanded for a new Wade hearing on whether an eyewitness identification was reliable despite an identification procedure that was presumed to be impermissibly suggestive. The state filed a petition for certification. The Supreme…