Monthly Archives: August 2015

ICYMI – You ARE the father of only ONE of the twins

[8/27/2015, 12:47 P.M.]  ICYMI – Who knew that twins could have TWO different fathers? Well, it happened in New Jersey (is this a great state, or what?) and according to this published Law Division opinion, TM v. AS, DNA paternity testing is now deemed to be sufficiently reliable in NJ to reach this conclusion.

Check it all out by reading the PDF of the opinion here.

ICYMI – Supreme Court Yanks New PTI Rules

[8/27/2015, 12:35 p.m.] – By memo dated August 14th, the Administrative Director has announced that the comprehensive changes to the PTI program, set to be implemented next month through the new Court Rules (proposed R. 3:28-1 thru 3:28-10), have been canceled indefinitely. This is due to newly effective legislation that conflicts with the revised PTI procedures.

Click here to read the PDF of the complete AOC memo.

ICYMI – Still No Good Faith Exception in NJ

[08/19/2015, 1:29 P.M.]  This morning, an equally divided (3-3) New Jersey Supreme Court affirmed the holding of the Appellate Division in State v. Shannon, which ruled that drug evidence recovered from a person who had been unlawfully arrested by the police was inadmissible, despite the good faith by the police in relying upon a computer mistake made by the judiciary to arrest the defendant.

To download the PDF of the opinion in State v. Shannon, click here.

ICYMI – No crime spree exception for expungements – In re J.S.

[August 10, 4:24 p.m.]  In a decision released today, the New Jersey Supreme Court has ruled there is no crime spree exception for expungements.

In the majority opinion of the Court, written by Justice Patterson, it is held that “the plain language of N.J.S.A. 2C:52-2(a) precludes expungement of convictions when the petitioner has been convicted of multiple crimes, even when those crimes occurred within a short span of time. ”

To read the PDF of In re J.S., click here.

ICYMI – Trooper Can’t Retrieve License Without Warrant – State v. Keaton

[08/05/2015 – 12:20 p.m.]   This week, the NJ Supreme Court ruled on the appeal in State v. Keaton (argued 2/2/15, decided 8/3/15). The matter at hand was whether a law enforcement officer may legally enter a disabled vehicle to gather proof of registration and insurance.

After the defendant was involved in an accident that flipped over his car on I-295 in Camden County, a state trooper searched the car before the driver had an opportunity to gather his license/registration/insurance info. During the search, the trooper seized illegal drugs and an unlicensed firearm. In a unanimous opinion written by Justice Fernandez-Vina, the Court ruled that the warrantless search by the trooper should have led to the evidence being suppressed.

For the PDF of the opinion in State v. Keaton, click here.