Victoria Calle & Associates

Opinions | Summaries

 

NEW JERSEY - CRIMINAL

 

Aug. 2015

 

NJ v. McKinney & NJ v. Wardrick, NJ SC Aug. 27, 2015 - jury instructions - the trial court's references to 2d-degree robbery in the course of the jury instructions were erroneous. Its subsequent efforts to cure the error were confusing and ineffective. Thus, th instructions constituted reversible error.

 

NJ v. Shannon, NJ SC Aug. 19, 2015 - arrest warrant - the arresting officers's good faith belief that a valid warrant for defendant's arrest was outstanding cannot render an arrest made in the absence of a valid warrant or probable cause constitutionally compliant.

 

NJ v. Musa, NJ SC Aug. 18, 2015 - jury panel - a trial court can properly impanel an alternate juror pursuant to Rule 1:8-2(d)(1), without first inquiring of the jury abot the reasons for the juror's absence, after a juror failed to appear for the second day of deliberations - amounted to an "inabilty to continue" under the Rule.

 

NJ v. Maltese, NJ SC Aug. 17, 2015 - right to remain silent - a defendant's request to speak to a family member (not an attorney) during interrogation were sufficient to invoke his 5th Amendment right to remain silent.  His statements made thereafter were inadmissible.  However, physical evidence obtained as a result of the suppressed statements could be admissible under the inevitable discovery exception to the exlusionary rule.

 

 

OTHER CASES -

 

 

Apprendi v. NJ (99-478) 530 U.S. 466 (2000) 159 N.J. 7, 731 A. 2d 485. -  The Constitution requires that any fact that increases the penalty for a crime beyond the prescribed statutory maximum, other than the fact of a prior conviction, must be submited to a jury and proven beyond a reasonable doubt. Pp. 7-31.

 

 

 

NEW YORK - CRIMINAL

 

 

 

 

 

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