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Analysis of major changes to criminal law and its impact
By Law Journal Editorial Board | June 12, 2017
In State v. Rosario, the New Jersey Supreme Court offered clear analysis distinguishing an investigatory stop from a field inquiry.
1 minute read
By Tony Mauro | June 9, 2017
Deputy SG Michael Dreeben, who has argued more than 100 cases before the U.S. Supreme Court, will assist Bob Mueller on a part-time basis, according to those familiar with the arrangement. The move signals that Mueller may be seeking advice on complex areas of criminal law, including what constitutes obstruction of justice.
1 minute read
By thelegalintelligencer | The Legal Intelligencer | June 9, 2017
Evidence was sufficient to grade tampering with public records offense as a felony where defendant's unauthorized practice of law was proof of her intent to defraud her employer and her clients as to her status, or lack thereof, as an attorney. Judgment of sentence affirmed.
1 minute read
By thelegalintelligencer | The Legal Intelligencer | June 9, 2017
Trial court lacked statutory authority to revoke criminal defendant's bond and commit defendant to jail for nonpayment of the preliminary fee for a court-ordered drug and alcohol assessment. Judgment of sentence affirmed.
1 minute read
By thelegalintelligencer | The Legal Intelligencer | June 9, 2017
Trial court erred in imposing sentence it had arrived at solely based on the facts of the crime without taking evidence of the circumstances of the sentenced defendant. Judgment of sentence vacated, case remanded for resentencing.
1 minute read
By thelegalintelligencer | The Legal Intelligencer | June 9, 2017
Appellant waived his challenge to his guilty plea based on the lack of information on the immigration consequences of the plea in the colloquy because he failed to raise the issue during his plea colloquy or to file a post-sentence motion seeking to withdraw his plea and never raised the issue until his Rule 1925(b) statement. Affirmed.
1 minute read
By thelegalintelligencer | The Legal Intelligencer | June 9, 2017
PCRA court was to conduct hearing to determine whether defendant exercised diligence in discovering that counsel had abandoned him and failed to file a requested appeal, sufficient to invoke the newly discovered exception to the PCRA timeliness requirement. Order of the PCRA court vacated, case remanded.
1 minute read
By Michael Booth | June 9, 2017
A New Jersey appeals court has ordered a new trial for a former Rutgers University professor now serving prison time for having a sexual relationship with a mentally disabled man related to one of her students.
1 minute read
By Katheryn Hayes Tucker | June 8, 2017
Fulton County Superior Court Judge Todd Markle has gone from reversed to vindicated as a case before him moved from one arena to another on appeal.
1 minute read
By Michael Booth | June 8, 2017
New Jersey residents have the right to walk around their homes and answer the door with a weapon—including those other than firearms—so long as they are not using them in a threatening manner.
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