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© Jeff J. Horn
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The only podcast devoted to all things New Jersey Supreme Court. NJ Attorney Jeff J. Horn breaks down every NJ Supreme Court Opinion - as the opinions are published, interviews top lawyers and judges, and addresses major developments at the NJ Supreme Court.
118 Episodes
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On October 21, 2022 the New Jersey to Supreme Court logjam was officially broken. Rachel Wainer Apter and Douglas M. Fasciale were both sworn in. As of recording of the podcast, the new Justice’s biographies are not up on the website yet. I will use their Wikipedia pages for bio background.I also regroup and recap our current roster of New Jersey Supreme Court Justices.Chief Justice Stuart RabnerJustice Anne M. PattersonJustice Lee. A. SolomonJustice Fabiana Pierre-LouisJustice Rachel Wainer ...
We are so fortunate to have this thoughtful and evolving analysis of the NJ Supreme Court by Joe Fischetti, Esq. His day job is Assistant General Counsel with Valley Health System. Joe previously served as Law Clerk to Chief Justice Rabner. Joe's experience and keen insights into the operation of the NJ Supreme Court make him the perfect statistician. Here is a link to Joe' report "New Jersey Supreme Court, 2021-22 Term in Review."Joe was kind enough to stick around and break down an importan...
State v. Steven Bookman - The Court limits pursuit of offender subject to a warrant into 3rd party's home.State v. A.L.A. - Affirmative defense of corporal punishment to be instructed on jury charges - including simple assault charge in child endangerment case.State v. F.E.D. - Compassionate Release requires that inmate demonstrate inability to perform 2 or more basic activities of daily living.
Two NJ Supreme Court nominees are moving while Appellate Division judges are temporarily elevated. Rachel Wainer Apter -Director of the New Jersey Division on Civil Rights - to be Re-nominated for a full term. Hon. Douglas M. Fasciale - temporarily elevated and to be nominated for a full term. Hon. Jack Sabatino - temporarily elevated.Hon. Clarkson Fisher - temporarily elevated.Linden Democratic Committee v. City of Linden - City required to seat party nominee in vacant slot on council....
State v. Mackroy-Davis - Importance of Speedy Trials for 6000 accused detained pending trial.State v. Clark - Suppression of recorded statement upon invocation of counsel.State v. Goldsmith - Suppression of gun recovered from improper stop.State v. Smith - Tinted windows are OK - police must be able to see people and items.Please consider giving the BOLD SIDEBAR 5-star Rating where you listen to Podcasts. Check out our sound engineer Nick Bates at: Bandcamp -https://nick-bates.bandcamp....
State v. Mykal and Malik DerryConcurrent "dual sovereignty" - definition of "is" - drug dealers convicted in Federal case for discharge of weapon and State court for murder arising out of the same conduct. Slang interpreted by FBI Agent is expert testimony "splashed" equals murdered.State v. RivasInvocation of right to counsel - interrogation must cease. Attenuation analysis is inapplicable.State v. BaileySpousal privilege in case of police officer married to drug dealer.State v. LaneStatute ...
Sullivan v. Max Spann AuctionsThe 3 day attorney review clause does NOT apply to auction sales.Samolyk v. BertheRescue Doctrine affords a cause of action for one who attempts to rescue another person from self-created peril. The claim fails when the to rescued is personal property - in this case the family dog.After nearly 20 years on the NJ Supreme Court, Justice Barry Albin turns 70 on July 7, 2022 and hits mandatory retirement. Check out all of his opinions via Google Scholar (it will take...
State v. AcoliTrooper killer released on parole after 49 years and make big news.State v. Bell2 Deaths from leaving the scene of 1 accident equals 1 crimeMack Cali Realty v. State of NJJersey City worker tax and residency exemptionState v. ThompsonStatute of limitation runs when the State could match DNA not when the State acutally matches DNA,
Alphabet Soup Show NotesI recently saw (through a zoom arbitration) Judge Mary Catherine Cuff - Retired PJAD who served “temporarily” on the NJ Supreme Court from 2012 - 2016 until the appointment of Justice Walter Timpone. The Arb was a pleasure and the Judge issued a lovely hand-written Arb Award. The interaction prompted the ringing of the bell in the Trenton clocktower - the NJ Supreme Court is down (2) Justices and Justice Albin is a mere (2) months from retirement. BRRRRRING!!State v. K...
Joseph A. Fischetti, Esquire is our Guest. Link to NJ Supreme Court cases featuring Joe as Counsel or on the Brief.Joe loves his Stats. Here is a link to a fantastic set of NJ Supreme Court Stats.We even snuck in one interesting case analysis: Hamid Harris v. City of Newark, et al - Unanimous NJ Supreme Court generously broken down by Joe Fischetti. Government entity denied qualified immunity by the trial court not entitled to appeal of right - must seek interlocutory review.The BOLD SIDEBAR ...
Jeter v. Sam's Club - “mode of operation” does not apply where the grapes are in closed containers versus open top bags; trail court not to handle motions in limine as dispositive motionsRivera v. Union County Prosecutor's Office - Common law right to demand Internal Affairs investigation report - redacted for confidentiality even when prohibited under OPRAState v. Anthony Sims, Jr. - Miranda process must include clear statement about charges - no need for police to predict other future charg...
Moynihan v. Lynch - The Biggest Palimony case in Decades. The NJ Supreme Court voids an element of the Statute of Frauds that required BOTH parties to have independent counsel to create an enforceable palimony alimony.Congressional Redistricting - The Court reminds us that Redistricting is partisan politics and unless the map is “discriminatory” - new CD districts will be established.Graphnet v. Retarus - Corporation defamation, nominal damages, remittitur and MJC revisions.Libertarians for T...
State v. Radel & State v. Terres - standards for the protective sweep “inside” after an “outside” arrest; reasonable articulable suspicionState v. Nyema and State v. Myers - reasonable articulable suspicion for auto stop - explored in depth - where the police “got it right” on a hunchState v. Samuel Ryan - Three Strikes Law upheld- even when original offense(s) were committed prior to age 18State v. Laura Gonzalez - ambiguous request for counsel, hearsayClick Here to give The BOLD SIDEBAR...
Justice Jaynee Lavecchia retired forever effective December 31, 2021. Senior App Div Judge Jose Fuentes is temporarily assigned to the NJ Supreme Court by Chief Justice Rabner. Then Justice Faustino Fernandez-Vina retires because "constitutional senility"* or widely known as turning 70. Nominee Rachel Wainer Apter continues her long wait for a political deal to be done in Trenton.Plus (4) New Civil CasesMeade v. Township of Livingston - LAD case permits claim in the case of discriminato...
NJ's premiere Appellate law blogger Bruce Greenberg is our guest- click here to check out Bruce's blog -NJ Appellate Blog 2021 Wrap-up - (3) important policy casesWinberry v. Rutherford - government immunity limitedRios v. Meda Pharma - (2) racial slurs enough to proceed on LAD claimIn re Attorney General Directives - public disclosure of “major” police discipline2022 Preview - these cases are on the NJ Supreme Court docket to be decided in 2022Schwartz v. Menas - “new business rul...
State v. Carrion and State v. HedegespethNJ Gun registry and EvidenceState v. Cynthia Garcia - youth as “mitigating” factor onlyState v. Gerena - lay opinion testimony regarding “age”State v. Comer and State v. Zarate - juvenile “life” sentences reformed and to be reviewed after 20 years of incarcerationPlease consider giving the BOLD SIDEBAR a nice 5-star Rating.Check out our sound engineer Nick Bates at: Bandcamp -https://nick-bates.bandcamp.com and Twitter -https://twitter.com/nickbatesmusic
Meg McCormick Hoerner - rejoins the podcast and takes a deep dive into the 2021 NJ Supreme Court cases that made law and headlines and previews important cases on teh docket for 2022.Check out Meg's excellent podcast and her website https://njcriminalpodcast.com/https://www.hoernerlaw.com/
Alex Shalom the prolific NJ Supreme Court litigator and Director of Supreme Court Advocacy at the ACLU-NJ rejoins the podcast to wrap-up a couple of interesting cases decided by the NJ Supreme Court in 2021 and to preview the important cases coming up in 2022.https://www.aclu-nj.org/about/leadership/alexander-shalom#:~:text=Alexander%20Shalom%20is%20Senior%20Supervising,disproportionately%20impact%20people%20of%20color.
COVID COURT ALERT!The NJ Supreme Court and AOC issued an order to continue handling most routine court matters virtually. Here is the Order - https://www.njcourts.gov/notices/2021/n211118a.pdf?c=BMD(1) Case - G.C. v. Division of Medical Assistance and Health Services - counting income in qualifying for Medicaid - regulation invalidated https://www.njcourts.gov/attorneys/assets/opinions/supreme/a_35_36_37_20.pdf?c=GZZ
What Makes a Court Supreme by Associate Justice of the NJ Supreme Court Daniel J. O'Hern is a short book chock full of serious analysis and charming tales of the Wilentz Court - lead by NJ Supreme Court Chief Justice Robert N. Wilentz. https://en.wikipedia.org/wiki/Robert_Wilentz In this Part 1 - we share Justice O'Hern's view of the Court particularly through its leader Chief Justice Wilentz. We will sprinkle in shows that address all of the Justices featured in...
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