In a stunning 4-3 decision, the New Jersey Supreme Court, reversing the state appellate court, ruled this morning in State v. Marquez that a person who has been arrested for drunk driving has the right to be informed of the obligation to submit to a breath test in the language he speaks. In order to…
Yesterday, the New Jersey Supreme Court ruled that the fact that the police have a legitimate basis to frisk a criminal suspect for weapons does not provide the officers with the right to lift the suspect’s clothing for the purpose of recovering evidence. In State v. Privott, a five-justice majority ruled that, “In assessing the…
NJ appellate Division recently addressed Medicare Liens for personal injury matters in Jackson v. Time Warner, et als. Following a negotiated settlement plaintiff’s counsel filed a motion witht he law divsion court seeking a court ordered allocation of the settlement proceeds in an attempt to avoid payment of the Medicare lien. The trial court refused…
Based on information from a confidential informant, the police approached the defendant when he got off a bus from Miami to New Jersey to question him about where he was going. The defendant denied having brought any luggage with him from Miami and then police then asked everyone else on the bus to verify ownership…
Quereshi v. Cintas Corporation Issue: Whether a judge of compensation must award counsel fees in addition to a penalty when an employer fails to make timely payment of temporary disability benefits and the appropriate standard to fashion the reasonable attorneys’ fees allowed by statute. Holding: the award of attorneys’ fees is mandatory and the judge…
State v. Jefferson – App. Div. May 21, 2010. The charges against the defendant arose form a warrantless search of his person and his residence. The police had detained the defendant to investigate his involvement in a reported shooting of a firearm. When the police went to speak with him he was inside his apartment…
[5/31/10 – 10:30 pm] The Legisture has amended the provisions of New Jersey’s seatbelt law under NJSA 39:3-76-2(f) and (g) to require that all occupants of a passenger automobile, including adults who are seated in the rear utilize a seatbelt when the vehicle is being operated. Under the prior law, adults seated in the rear…
An officer is allowed to open the door of a vehicle as part of ordering an occupant of the vehicle to exit when facts in the totality of the circumstances create a heightened sense of danger in the officer. This holding is an extension of the holding in State v. Smith, 134 N.J. 599 (1994),…
On April 29, 2010 the New Jersey Appellate Division decided in the case of Voss v. Tranquilino, that a guilty plea or conviction at trial for a DWI does not bar the intoxicated driver from filing a dram shop suit against the tavern that served him execssive intoxicating liquor. The court addressed the conflict between…
The NJ Appellate Division this morning ruled that it is improper for a prosecutor to attempt to vouch for the credibility of a police witness in summation. In Murphy, the prosecutor noted during summation that the officer who had testified in the case had no stake in the outcome of the trial and no reason…