Archive for February 2012

Background: Defendant was convicted of reckless manslaughter, aggravated assault, and three weapons offenses. He appealed. The Superior Court, Appellate Division, reversed and remanded for a new Wade hearing on whether an eyewitness identification was reliable despite an identification procedure that was presumed to be impermissibly suggestive. The state filed a petition for certification. The Supreme…

The Supreme Court issued a joint order today in four combined cases that sought to have the court do a back flip on Pena Flores. The State alleged that Pena Flores has been too big a burden on law enforcement and has resulted in less detection of criminal conduct. They supported this with NJSP data.…

DeShazo was arrested in Egg Harbor Township driving a car with Virginia plates and a broken out rear window. The officer thought the car might be stolen but could not immediately confirm it. The officer was told that DeShazo was the victim of a shooting and kept a weapon in the center console of his…

The Appellate Division decided yesterday, in the matter of State v. Heine, that a when a property owner refuses to permit access to a residence for inspection by local officials, the proper remedy is for the municipal inspectors to secure an administrative search warrant. The court ruled refusing access does not constitute a violation of…