The New Jersey Supreme Court’s criminal law decisions of this past term were, as usual, great in number, and covered a wide array of topics. What will most be remembered, however, is that this past year was the last one for Justice Wallace, who was not reappointed by Governor Christie. Though the Governor’s decision to not reappoint Wallace was enmeshed in controversy, the decisions of Justice Wallace, this term as in prior ones, hardly reflect a jurist run amok. His decisions reflect careful thought and independence, not ideology. How the Justice would decide a case was unpredictable. Some of his decisions would please conservatives and others liberals. He upheld various convictions and reversed others. In one of the Court’s milestone decisions this past term, he decided that a high school assistant principal’s decision to search a student’s automobile parked on school property was subject to a lower standard than probable cause. The school decision is emblematic of a man who decided cases as he thought right. Irrespective of who replaces the justice — no matter how bright and talented — Justice Wallace’s presence will be missed.
Prejudicial Questioning of
Witnesses by Court
At issue in State v. O’Brien , 200 N.J. 520 (2009), was whether defendant was denied a fair trial as a result of the trial judge’s questioning of witnesses, including defendant and a defense expert. Defendant had been found guilty of murdering his parents and of crimes relating to the murder. His sole defense was diminished capacity.
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