The Bold Sidebar

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...

State v. Mark Melvin & State v. Michelle Paden-Battle - sentencing judge cannot serve as the metaphorical “13th juror” and render a sentence based upon crimes for which the defendant was acquitted.https://www.njcourts.gov/attorneys/assets/opinions/supreme/a_13_20.pdf?c=xavDCPP v. JR-R & GR-R -- burden to prove neglect and abuse remains on DCPPhttps://www.njcourts.gov/attorneys/assets/opinions/supreme/a_56_57_19.pdf?c=uXVCR v. MT - sexual consent standard - State in the interest ...

State v. HANNAH - the sale of heroin branded "Gotta Have It" , double-murder and (14) years of post-conviction litigation leads to an order for a new trial on grounds:ineffective assistance of counsel andmisapplication of the "statement against interest" standard for a non-defendanthttps://www.njcourts.gov/attorneys/assets/opinions/supreme/a_74_75_19.pdf?c=2OgState v. LODZINSKIhttps://www.njcourts.gov/attorneys/assets/opinions/supreme/a_50_19r.pdf?c=wd3The disappearance of Timothy Wiltsey - (...

1. Shelley Pritchett v. State of New Jersey - $10 million Punitive Damages against the State of New Jerseyhttps://www.njcourts.gov/attorneys/assets/opinions/supreme/a_5_20.pdf?c=4HU 2. Bonay Goldhagen v. Susan Pasmowitz - Dog Bite Statute - strict liability and comparative negligence https://www.njcourts.gov/attorneys/assets/opinions/supreme/a_17_20.pdf?c=gV53. State v. Wildemar A. Dangcil - Covid voir dire and jury selection process upheldhttps://www.njcourts.gov/attorneys/assets/opini...

State v Carter and State v Roman Rosado - how much of your NJ license plate can your frame cover before the plate is obstructed? State v Njango - served prison time in excess of maximum sentence - credit granted on term of parole.E/O Gonzalez v City of Jersey City - Tort Claims Act immunity for “discretionary” vs “ministerial” acts - motorist killed awaiting a ride after declining a ride from the police.Justice Lavecchia - hanging in until the end of 2021! Avoids the mayhem o...

State v Bennie Anderson - $300 bribe costs $1million plus in forfeited pension.State v Rasheem McQueen - the search for the “blicky” - recorded conversation at the PD - suppressed. It turns out you actually do get your “one phone call” down at the station house - beware it might be recorded.Click Here to give 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

State v. Damian Sanchez - Non-expert witness can ID a suspect based upon a photo - even a blurry photo, when the witness has familiarity with the suspect. Here, the witness was the Defendant’s parole officer with whom he had met hundreds of time.Gilbert v. Stewart - Divorced Judiciary worker [Gilbert] allows the Ex to use her car, he gets loads of tickets, she pleads guilty on the advice of Ex’s lawyer. Gilbert is demoted and suspended 50 days without pay - Court upholds the right of Gilbert ...

State v. Andujar - Juror selection bias - NJ Supreme Court establishes a Conference to studyColeman v. Martinez - licensed social worker not immuneState v. Chavies - no early release for ill inmateAug 2, 2021 Courthouse is OpenLandlord-Tenant Procedures88,000 MJ Cases - GoneClick Here to give 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

Winberry Realty v. Rutherford - tax collector liable for failing to provide payoff for tax sale selection redemption -- “final policy maker” civil liabilityCarteret v. FMBA - Fire Captain work begets “Captain pay”Waiting on Rachel Wainer Apter - NJ Supreme Court nomineeMotion to Elevate Appellate Division Judge on the State v. Lodzinski and the Timothy Wiltsey Disappearance - Podcast Rabbit HoleClick Here to give The BOLD SIDEBAR a nice 5-star Rating.Check out our sound engineer Nick Ba...

Bruce Greenberg is a premiere class action and appellate lawyer. Bruce is one of only (4) NJ lawyers admitted to the American Academy of Appellate Lawyers and writes the definitive Appellate blog for NJ court watchers https://www.litedepalma.com/new-jersey-appellate-law-blog.We talk NJ Supreme Court process and Supreme Court cases:Baskin v. PC Richard - Bruce is counsel for the plaintiff and prevailed earning a reversal of the dismissal by the trial court judge. The case returns to ...

1. State v. Craig Szemple - Denial of post-conviction discovery for a Murder that occurred in 1975, Trial #1 in 1992 and Trial #2 in 1994 - The chilling poetic words fo the Defendant:“My first hit was an Act of Treachery. The ultimate deceit. 4 bullets in the back 1 in the neck and a broken promise made at the parting of an oncoming river.”These words - written to the Defendant’s wife, in a note revealed to the State by the wife’s father.Robert Marshall - Blind Faith - Min...

Alexander R. Shalom - Director of Supreme Court Advocacy - ACLU-NJAlex has handled over 200 cases before the NJ Supreme Court and argued 70 cases.Before joining the ACLU-NJ, Alex worked as an Assistant Deputy Public Defender in Essex County. Prior to that, he served as "capital cases" Law Clerk for Hon. Deborah J. Poritz, Chief Justice of the New Jersey Supreme Court. In 2017, the New Jersey Law Journal named him the Attorney of the Year. He is a fellow at the American Academy of Appellate La...

John B. Wefing Seton Hall Distinguished Professor of Law and History - our interview following up with the Author of the important book on the life of NJ Governor and Chief Justice Hughes. Listen here first or go back to Part 1 - where I break down the book before this charming interview with Professor Wefing.The Life and Times of Richard J. Hughes - Amazon Book LinkClick Here to give The BOLD SIDEBAR a nice 5-star Rating.Check out our sound engineer Nick Bates at: Bandcamp - https://ni...

Timothy Wiltsey 2 and State v. Leo T. Little, Jr.State v. Leo T. Little, Jr. - what happens when the State tries a defendant on gun charges and does not produce the gun? Justice Patterson answers with a focused and balanced question to be posed to jurors in voir dire.5 year old Timmy Wiltsey disappeared from the Sayreville Carnival on May 25, 1991 - his mother's controversial 2016 murder conviction was upheld by the NJ Supreme Court on May 26, 2021 - 30 years and 1 day later. The Disappearanc...

The Disappearance of Timothy Wiltsey - Part 15 year old Timmy Wiltsey disappeared from the Sayreville Carnival on May 25, 1991 - his mother's controversial 2016 murder conviction was upheld by the NJ Supreme Court on May 26, 2021 - 30 years and 1 day later.*** This story is multi-layered - I am sure I will Add to it!State v. Michelle Lodzinski - NJ Supreme Court OpinionDismissal of Nearly 300,000 Municipal Court Cases - CJ Rabner OrderNJ Manual on Style Judicial OpinionsHow often are Publishe...

US Supreme Court Won't Take up Smart Phone Password CaseState v. Andrews - the United States Supreme Court is following the lead of the New Jersey Supreme Court. In 2020 the New Jersey Supreme Court in a split 4-3 decision found that compelling a criminal defendant to disclose mobile phone passwords is permissible and does not violate the 5th Amendment right against self-incrimination. Justice Solomon wrote the majority opinion. Justice La Vecchia wrote the dissent. In not taking the case up,...

State v. Kanem Johnson - Dying DeclarationKevin Shea Reports - Dying Declaration NJ.Com - Wounded Mother ID's ShooterState v. Torres - No Free CrimesAllen v. Cape May County - Purchasing agent - CEPA Claim - involves contracts for (2) powerhouse law firms - Caphert & Scratchard and Ballad SpahrClick Here to give 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

Chief Justice Richard J. HughesThe only person to serve as Governor of the State of New Jersey and Chief Justice of the New Jersey Supreme Court. Elected as a Democrat and appointed by Republican Governor William Cahill. This is Part 1 of multiple parts. My primary source is the 2009 book The Life and Times of Richard J. Hughes, The Politics of Civility, by Seton Hall Law Professor John B. Wefing. Next Week - Part 2 - My interview with Professor Wefing.Amazon Book LinkClick Here to give The B...

Baskin v. PC Richard & SonsFACTA - proposed class action lawsuit over register receipts. The NJ Supreme Court found:NumerosityPredominanceSuperiorityand remands for class certification.Click Here to give 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

State v. Omar Vega-LarreguiWhat do the NJ Attorney General, Assoc of Criminal Defense Lawyers and NJ State Bar Association have in common? They all push to advance the cause of justice, but from different angles and inspired by competing agendas. Except in the unanimous opposition to conducting Virtual Grand Juries. The 1947 Constitution and Winberry v. Salisbury gave the NJ Supreme Court clear authority over the running of the Court system. A unanimous NJ Supreme Court upheld its own po...

Hager v. M&K Construction - NJ Supreme Court makes a big splash ordering a workers compensation carrier to pay for the injured workers medical marijuana. The Court explained although marijauna remains illegal per federal law, Congress has expressly deprived federal law enforcement of funds to interfere with state medical marijuana regimes for (7) consecutive years. Competent medical testimony reveals marijuana as the best pain management (20) years after a concrete truck explosion that fl...