Law Division Must Make Independent Findings on Appeal – State v. Campbell (UNP)

Today’s UNPUBLISHED opinion in State v. Campbell provides an excellent review of the standards to be applied on appeal by both the Law division during a trial de novo and the Appellate Division. It is good legal reference source to use when a municipal appeal involves sharply differing fact disputes between the State and defense.

The case involves an appeal by the State from the granting of a motion to suppress in a drunk driving case following a de novo review in the Law Division. The defendant had lost his motion to suppress in municipal court and had entered a conditional plea. The Law Division reversed, based upon its independent findings of fact and credibility determination.

The Appellate Division sustained the factual findings and credibility calls made de novo by the Law Division, although the panel noted that it might not have decided the case on its facts were it to have made the factual determinations.

Download a copy of this UNPUBLISHED decision

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