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Criminal Practice

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).

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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.

Warrants for Blood Samples

Friday, May 3, 2013

The Fourth Amendment requires law enforcement to obtain a warrant to draw blood from DWI suspects unless exigent circumstances prevent obtaining one before blood alcohol dissipates.

State v. Rangel

Wednesday, May 1, 2013

Based on the statute's plain language and a textual reading of the statute as a whole, aggravated assault "on another" in N.J.S.A. 2C:14-2(a)(3) refers to someone other than the sexual assault victim.

State v. Rockford

Thursday, April 25, 2013

No bright-line rule precludes the use of a flash-bang device in the execution of a knock-and-announce warrant; the objective reasonableness of a search using such a device must be determined on a case-by-case basis considering the totality of the evidence.