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Criminal Practice

McQuiggin v. Perkins

Thursday, May 30, 2013

The district court's appraisal of the habeas corpus petition as insufficient to meet the actual-innocence standard — which would allow overcoming the Antiterrorism and Effective Death Penalty Act's one-year limitations period — should be dispositive, absent cause to upset that evaluation, which this court does not currently see.

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State v. Reininger

Thursday, May 23, 2013

The warrantless seizure of the two nylon firearm cases on the backseat of plaintiff's SUV was valid under the plain-view doctrine.

State v. A.R.

Thursday, May 23, 2013

A video-recorded pretrial statement must be replayed in open court under the direct supervision of the judge.

State v. Buckley

Thursday, May 16, 2013

Defendant's proffered evidence regarding the decedent's failure to use a seat belt and the location of the utility pole the car struck is inadmissible on "but for" causation under N.J.S.A. 2C:2-3(a)(1) and on defendant's awareness of the risk under 2C:2-3(c).

State v. Terry

Wednesday, May 15, 2013

The state does not require a "special need" to intercept cellphone conversations between husband and wife under the Wiretap Act.

State v. Perry

Tuesday, May 14, 2013

Pennsylvania's refusal to transfer defendant to New Jersey because of his parole-violator-pending status did not violate the Interstate Agreement on Detainers.