The Bold Sidebar

40 Episodes
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By: Jeff J. Horn

Attorney Jeff Horn interviews top lawyers, judges, and experts to share the tips, tricks, and techniques you need to serve your client and keep your sanity.

Virtual Grand Juries - Moving Forward
Last Wednesday at 12:00 AM

State v. Omar Vega-Larregui

What 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 policy and virtual grand juries will continue through the pandemic.

Click Here to g...


NJ Supreme Court Orders - Marijuana in Comp Case
04/26/2021

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 flattened him like a pancake. A pebble in the pond of marijuana law with plenty of ripples!


State v. Ramirez and...


Nelson Johnson Battleground New Jersey - Round 2
04/19/2021

Judge Nelson C. Johnson - Round 2

The Battle for Justice Continues between Mayor Hague and Arthur T. Vanderbilt – a battle that both Won. Vanderbilt got government and Court reform. He becomes the first legitimate Chief Justice of the New Jersey Supreme Court. Hague puts the Democrat Party in a powerful position on a Statewide basis and creates his own Hudson County “welfare” system.

 Were they always ”good guys”? Not a chance. Were they effective? Beyond any expectation!

Darrow's Nightmare -  Nelson Johnson’s newest book drops April 20, 2021 - get it and read it...


NJ criminal justice collides with ICE
04/13/2021

State v. Lopez- Carerra and Molchor and Rios

When NJ criminal justice collides with ICE.  Defendant deported to Guatemala with serious NJ charges pending. Ruling - NJ cannot detain a criminal defendant even if the release means the defendant will be imminently deported.


Rachel Wainer Apter - NJ Supreme Court Nominee - NJ Law Journal coverage.


NJ Supreme Ct Nominee Rachel Wainer Apter + 4 New Opinions
04/06/2021

Governor Murphy nominates to replace retiring Justice LaVecchia on the NJ Supreme Court. Nominee Apter’s credentials include a perfect 1600 on the SAT, Penn undergrad, Harvard Law School, US S Ct clerkship with Justice Ruth Bader Ginsburg. Ms. Apter’s practice has included big time litigation such as:

Gay Wedding Cake Case

Apple v. Samsung

Detained Immigrants and Separated Family cases

___________________________________________________________________________

State v. Outland - McDonald's robbery with a fake gun. Defendant’s right to represent himself at trial.  Remanded for a new trial w...


Boardwalk Empire Author Judge Nelson Johnson
03/30/2021

New Jersey Superior Court Judge Nelson Johnson (Ret.) is the author of Boardwalk Empire -  New York Times best-selling book and inspiration for the smash HBO hit. His book Battleground New Jersey drops the reader directly into the titanic battle between two people critical to evolution of the New Jersey governance and the Court System.  Our first Chief Justice Arthur T. Vanderbilt and his nemesis Jersey City Mayor Frank Hague. Please enjoy Part 1.

Judge Johnson's upcoming book – release date April 20, 2021 deals with one of our most famous lawyers Clarence Darrow. The book is called Darrow&apos...


Pregnant Police and Justice LaVecchia Hangs up the Robe
03/23/2021

Honoring Justice Jaynee LaVecchia - Justice LaVecchia announced her retirement, giving Gov Murphy a slot to fill before the Fall Gubernatorial Election. The NJ Law Journal shared a warm editorial - see the link.

Delanoy v. Ocean Twp.- an important case analyzing police department practices in light of the Pregnant Workers Fairness Act. The NJ Supreme Court finds for the plaintiff - Officer and Mom Delanoy and remands for determination - is carrying and firing a gun an "essential function" of policing and whether the PD can afford a pregnant officer a "reasonable...


Chief Justice Arthur T. Vanderbilt
03/16/2021

Chief Justice Arthur T. Vanderbilt


Before the 1947 New Jersey Constitution, litigants and lawyers had to navigate (18) separate courts. Attorney, law professor and reformer - first Chief Justice under the 1947 Constitution Arthur T. Vanderbilt spearheaded massive reforms to the Judiciary. Don't take my word for it however.  My fantastic source is the book by Boardwalk Empire author and now-retired Superior Court Judge Nelson C. Johnson - Battleground New Jersey - Vanderbilt, Hague and their Fight for Justice.

Please Click here to give The BOLD SIDEBAR a nice 5-star Rating.<...


Publication of Police Discipline / Juror Unconscious Bias
03/08/2021

NJ Model Jury Charge Proposed - Rooting out Implicit or Unconscious Bias - the NJ Supreme Court will take comments on this interesting proposed Amendment to the baseline Model Jury Charges.

Topic: Publication of Police Officer Discipline

Suzette Parmley of the NJ Law Journal reports on oral argument before the NJ Supreme Court on March 2, 2021. The issue is whether NJ Police Office discipline will become public and accessible.

I also tease our next topic:
First post-1947 Constitution - Chief Justice Arthur T. Vanderbilt and an amazing book by retired Superior...


Prosecutor Passion with Meg Hoerner
03/03/2021

I break down (2) NJ Supreme Court opinions with star criminal defense attorney Meghan J McCormick Hoerner, Esquire. Meg brings over (20) years of combined prosecution and defense experience to these cases that address the words of the prosecutor in opening and closing statements.

 State v. Damon Williams - I addressed the case as "The Shining" or  "polite bank heist" in a rant on the Bold Sidebar - Jan 21, 2021. The prosecutor used audio and visual aids referring to The Shining and "Here's Johnny"...


NJ Transit $1.8 Million
02/24/2021

Two cases this week.

Maison v. NJ Transit

Answers the question of whether NJ Transit is a “common carrier.” Answer = yes. The court imposes common carrier liability duties on NJ Transit. The duty is more than getting people from point A to point B. The court also crafted a specific jury charge for the allocation of damages across the agency, the agency’s employee and an unrelated tortfeasor. At stake a $1.8 million award to the plaintiff.


Goldfarb v. Solimine

Equita...


"Certain Pre-trial Detainees" - NJ Supreme Court
02/16/2021

Certain Pre-trial Detainees - NJ Supreme Court authorizes release of inmates awaiting trial ona case by case basis. Trial judges may decide these applications on motion without requiring a hearing in all cases. Detainees who were previously denied release may re-apply.

State v. Desir - NJ Supreme Court - grants limited discovery to criminal defendant arrested off a warrant supported by information provided by a Confidential Informant (CI)

Goulding v. NJ Friendship House - NJ Supreme Court - grants workers compensation benefits to volunteer...


Justice Gary S. Stein (Ret) NJ Supreme Court
02/09/2021

Gary Stein “Retired” New Jersey Supreme Court Justice. 60 plus years of service to the law and the community

Justice Stein's first “judging” job was as a referee for the Duke varsity basketball game scrimmages. The pay was $1 per day.

Some of the Justice’s highlights from the court include:

State v.  Novembrino - the New Jersey Supreme Court rejecting the good faith exception to the exclusionary rule

State v. Apprendi - the NJ Supreme Co...


Ex Post Facto and Megan's Law
01/30/2021

Talking all the things New Jersey Supreme Court.
NJ Supreme Court finds that increasing the failure to report under Megan's Law from a 4th to a 3rd degree offense - after serving the Megan's Law prison term is not a prohibited Ex Post Facto penalty.
Justice LaVechhia for the majority and Justice Albin the lone dissenter.

State v. Hakum Brown; State v. Rodney Brown - opinion link:
https://njcourts.gov/attorneys/assets/opinions/supreme/a_39_19.pdf?c=KKl



Enough Police Opinion Testimony!
01/25/2021

All things NJ Supreme Court!
State v. Singh - link
https://njcourts.gov/attorneys/assets/opinions/supreme/a_37_19.pdf?c=HoT

A rare split decision the Court. A spirited 3 Justice dissent.
The issue - flawed police opinion testimony narrating a convenience store video and the identifying the "defendant" in the video.

Check out the new music thanks to our sound engineer Nick Bates - Check out Nick's sounds  at: Bandcamp - https://nick-bates.bandcamp.com and
Twitter - https://twitter.com/nickbatesmusic

 


"Here's Johnny!" and the Polite Bank Heist
01/20/2021

State v. Damon Williams
Justice Solomon writing for the unanimous NJ Supreme Court. Use of extra-judicial resources including reference to the bloody, thriller The Shining  restricted. The prosecutor's employment of Shining references including the famous and creepy line "Here's Johnny" were prejudicial and the defendant's second degree burglary with threat of force was knocked down third degree robbery.

Link to the NJ Supreme Court opinion:
https://njcourts.gov/attorneys/assets/opinions/supreme/a_46_19.pdf?c=bMn

Link to The Shining trailer:
https://www.youtube.com/watch?v=5Cb3ik6zP2I<...


2021 Heating Up - Virtual Grand Juries, Gideon and Branch
#2
01/15/2021

Home - Virtual Grand Juries

https://www.law.com/njlawjournal/2021/01/13/supreme-court-agrees-to-hear-constitutional-challenge-to-virtual-grand-juries/ 

Charles Toutant – NJ Law Journal – Jan 13, 2021 

Defendant's attorney is Jack Furlong, Esq.
https://www.furlongandkrasny.com/

________________________________________________________________________________________________

State v Donnell Gideon 

https://njcourts.gov/attorneys/assets/opinions/supreme/a_31_19.pdf?c=lyK 

Alan Dexter Bowman, Esq. - Gideon's NJ Supreme Court Advocate
_________________________________________________________________________________________________

 From History 

No connection other than the mention of "Gideon" requires a  detour to US S Ct case of Gideon v Wa...


NJ Supreme Court Lawyer Arbitration Clause
#1
01/08/2021

NJ Supreme Court Lawyer Arbitration Clause Episode 4-1

Can a lawyer require a client to sign a retainer agreement with a mandatory arbitration clause? Not so fast says Justice Albin and the NJ Supreme Court.

Here is the opinion:
https://njcourts.gov/attorneys/assets/opinions/supreme/a_30_19.pdf?c=dj6


Peter Bronzino - Lawyer, Entrepreneur and Big Thinker
#26
10/04/2020

Peter Bronzino is the inspiration for the podcast. Listen in to one of our many rants - this one recorded for all to hear.

Thank you!

https://www.bronzinolaw.com/


Al Decotiis, Esquire - Golden Gloves Champ to United Nations General Assembly
#25
09/30/2020

Al Decotiis has done it all in boxing, law and politics. Enjoy an hour survey of 52 year career in law - you will be in awe!

https://www.decotiislaw.com/attorney/decotiis-alfred-c/

https://www.congress.gov/nomination/104th-congress/763?s=1&r=569


Jerry Gallagher, Attorney - Office Boy to the C-Suite
#24
09/23/2020

Meet Jerry Gallagher, Esquire - Commercial Litigator and Creditor's Rights Expert. 

Jerry speaks with passion in prose that will inspire a lawyer at any stage of practice.

https://norrismclaughlin.com/attorney_profiles/jerome-f-gallagher-jr/attachment/jerome-gallagher/


Joe Hayden - Media Relations for Trial Lawyers
#23
09/20/2020

Joe Hayden is back to share lessons on the evolution of media relations for trial lawyers.

https://www.pashmanstein.com/attorney/joseph-a-hayden-jr


Nick Magone, CPA - International Business Advisor
#22
09/09/2020

Nick Magone, CPA - expanded his practice in terms of both business and fulfillment by learning to write and speak professional level Italian! Celebrazione!

https://www.magonecpas.com/about-us.htm
Nick contributed to Insights - writing on due diligence in the UK
http://publications.ruchelaw.com/news/2017-12/InsightsVol4No12.pdf

No music intro - a little experiment.


Attorney Andrew Shaw - No New Normal
#21
09/08/2020

Attorney Andrew Shaw is back - 9 months into his practice - for him there is no "new" normal. Corona-mania is the only normal.

https://shawdivorce.com/

Andrew's prior appearance on the Bold Sidebar.
https://www.buzzsprout.com/177728/3311623-andrew-shaw-family-and-appellate-attorney-and-mensa-member


Kenneth T. Palmer - Attorney and Mayor of a Town of 45,000
#20
08/19/2020

Find KEN at his law office:

https://businessfinder.nj.com/kenneth-t-palmer-law-office-lakehurst-nj.html

and as the Mayor of Manchester Township:
https://www.facebook.com/Palmer4Mayor/
http://manchestertwp.com/category/mayors-comments/
https://www.co.ocean.nj.us/GovtDirPage.aspx?ID=223

https://hornlawgroup.net/meet-jeff-horn/


David Nachman - Immigration Attorney
#17
07/29/2020

David Nachman, Esq. speaks about the ever changing practice of immigration law. The rules change virtually everyday!


https://visaserve.com/lawyer/David-H.-Nachman,-Esq._cp14185.htm


https://hornlawgroup.net/meet-jeff-horn/


Greg Thomlison - Family Law Attorney & Introvert Bar Leader
#16
07/25/2020

Bar leadership is especially vital during the Coronavirus lockdown. Greg Thomlison has been a steady and vital source of information flow from the judiciary to the bar. Enjoy!
https://monmouthlawfirm.com/our-team/gregory-b-thomlison/


Joe Hayden - Selma, Newark, LA, Ferguson to Minneapolis - A Civil Rights Journey
#16
06/29/2020

Joe Hayden returns to reflect on his journey from Boston College to march at Selma through today's civil unrest arising from conflict between the police and those they are sworn to protect.
https://www.pashmanstein.com/attorney/joseph-a-hayden-jr

Warm-up with Joe's prior Bold Sidebar appearance - http://theboldsidebar.buzzsprout.com/177728/2257676-50-year-career-as-a-criminal-law-attorney-my-interview-with-joseph-hayden


Mike McDermott, CPA - PPP HOT Update
#15
06/17/2020

Mike McDermott is back to give us a PPP Update after the regs changed effective June 5, 2020

https://www.mpmcdermott.com/

Forbes contributor Alan Gassman has been on target throughout PPP and corona mania - here is his most recent article
https://www.forbes.com/sites/alangassman/2020/06/14/new-ppp-law-changes-since-june-5---the-wild-ride-continues/#41518a2446fb


Josh Denbeaux - Foreclosure Lawyer, Civil Rights Fighter
#14
06/15/2020

Feel Josh's passion from his highly diverse work on police brutality, bad mortgage lending, and freeing innocent detainees at Guantanamo Bay.

https://denbeauxlaw.com/
Really unique work and great media coverage:
https://www.vice.com/en_us/article/dpwb9a/the-lawyer-who-went-from-fighting-for-guantanamo-bay-inmates-to-going-after-shady-banks-225
https://www.youtube.com/watch?v=AjXWjtkrFUk 
https://law.shu.edu/policy-research/guantanamo-reports.cfm


Mike McDermott, CPA - Talks PPP and EIDL - How to Stay out of Trouble
05/26/2020

Mike McDermott, CPA - talks COVID grant and loan compliance - https://www.mpmcdermott.com/


Kurt Reinheimer - Returns to Talk Covid and Bankruptcy
#12
05/11/2020

Kurt Reinheimer warns about the coming wave of bankruptcy and its impact on practitioners and our clients. https://reinheimer.com/


Randall Kiser - Lawyer Decision-Making Expert
#13
05/11/2020

Mr. Kiser is the leader in lawyer decision-making and the author of four books. His most recent book, American Law Firms in Transition: Trends, Threats and Strategies, was released by the American Bar Association in April 2019. Two years earlier, Cambridge University Press published his groundbreaking book, Soft Skills for the Effective Lawyer. His previous books, Beyond Right and Wrong: The Power of Effective Decision Making For Attorneys and Clients and How Leading Lawyers Think: Expert Insights Into Judgment and Advocacy are cited by practitioners and scholars in North America, Europe and Asia. I read everything Randall writes - check...


Andrew Miltenberg Lawyer - Controversy, Title IX & Due Process
05/04/2020

Andrew Miltenberg fears no controversy in defending campus sexual assault cases and fighting for fairness and due process. Check it out!
https://nmllplaw.com/law/andrew-t-miltenberg/


Judge Thomas Zampino - Family Mediator, Arbitrator & Word Smith
#10
04/30/2020

Retired Presiding Judge of Family criss-crosses the State - settling the big cases.

https://www.snydersarno.com/attorneys/thomas-zampino


Andrew Shaw, Family and Appellate Attorney and Mensa Member
#9
04/10/2020

Andrew Shaw is three (3) months into his own family law practice - interesting ride. He likes to litigate in the Trial and Appellate Courts. Enjoy!
Find at Andrew at:
https://shawdivorce.com/


Christina Previte - Lawyer, Entrepreneur and Innovator
#8
03/16/2020

Christina Previte is a lawyer-innovator with so much to share with our audience. Use of a trade name, running a law firm like a real business and utilizing multiple marketing strategies - an abundance of good advice - absorb and enjoy!

https://www.centraljerseyfamilylaw.com/meet-our-team/christina-previte/


Kevin Musiakiewicz - Attorney - There is Always an Argument!
#7
03/06/2020

Kevin's understated public biography is attached below. His perspective over 20 plus years of diverse law practice in multiple disciplines is now forcefully applied in complex litigation matters as a Partner at Calcagni & Kanefsky, LLP. If you, your organization or your client is in hot water with the government - these are your go-to attorneys.

http://www.ck-litigation.com/team/kevin-musiakiewicz


Joe LePore: Personal Injury Lawyer
#6
02/27/2020

An encore version with attorney, Joe LePore.

LePore Luizzi
489 Aurora Place
Brick, NJ 08723
732.920.5500
https://leporeluizzi.com/


A 40-year career as a Matrimonial Lawyer. My Interview with Vincent P. Celli.
#5
02/12/2020

Vince was a French major at Rutgers University. He was drafted into the Army and discovered an interest in the study of law when a fellow soldier loaned him a book on torts. He was hooked. Vince served on active duty and then as an Army reservist for over 20 years. He attended Seton Hall Law School and moved on to a clerkship in Essex County with Family Court Judge Neil Duffy. He received the lead resulting in the clerkship from the man that went on to be the long-term Presiding Judge of the Family Part in Essex County – Retired Ju...