The Bold Sidebar

On October 21, 2022 the New Jersey to Supreme Court logjam was officially broken. Rachel Wainer Apter and Douglas M. Fasciale were both sworn in. As of recording of the podcast, the new Justice's biographies are not up on the website yet. I will use their Wikipedia pages for bio background.I also regroup and recap our current roster of New Jersey Supreme Court Justices.Chief Justice Stuart RabnerJustice Anne M. PattersonJustice Lee. A. SolomonJustice Fabiana Pierre-LouisJustice Rachel Wainer ApterJustice Douglas M. FascialeJudge Jack M. Sabatino - on Assignment from the Appellate Division

We are so fortunate to have this thoughtful and evolving analysis of the NJ Supreme Court by Joe Fischetti, Esq. His day job is Assistant General Counsel with Valley Health System. Joe previously served as Law Clerk to Chief Justice Rabner. Joe's experience and keen insights into the operation of the NJ Supreme Court make him the perfect statistician. Here is a link to Joe' report "New Jersey Supreme Court, 2021-22 Term in Review."Joe was kind enough to stick around and break down an important case from the term - Crystal Point Condominium Association, Inc. v. Kinsale Insurance Co. - Claimants must submit to Arbitration, Direct Action Statute, insolvent policy holder and default judgments.

State v. Steven Bookman - The Court limits pursuit of offender subject to a warrant into 3rd party's home.State v. A.L.A. - Affirmative defense of corporal punishment to be instructed on jury charges - including simple assault charge in child endangerment case.State v. F.E.D. - Compassionate Release requires that inmate demonstrate inability to perform 2 or more basic activities of daily living.

Two NJ Supreme Court nominees are moving while Appellate Division judges are temporarily elevated. Rachel Wainer Apter -Director of the New Jersey Division on Civil Rights - to be Re-nominated for a full term.  Hon. Douglas M. Fasciale - temporarily elevated and to be nominated for a full term. Hon. Jack Sabatino - temporarily elevated.Hon. Clarkson Fisher - temporarily elevated.Linden Democratic Committee v. City of Linden - City required to seat party nominee in vacant slot on council.Schwartz v. Menas, Esq. - New business rule - changes standard for new businesses to recover lost profits.Norman International v. Admiral Insurance - "related to" is broader than "arising out of" - Admiral's exclusionary clause enforced - no coverage on blind cutting machine injury at Home Depot in Nassau County.

State v. Mackroy-Davis - Importance of Speedy Trials for 6000 accused detained pending trial.State v.  Clark - Suppression of recorded statement upon invocation of counsel.State v. Goldsmith - Suppression of gun recovered from improper stop.State v. Smith - Tinted windows are OK - police must be able to see people and items.Please consider giving the BOLD SIDEBAR 5-star Rating where you listen to Podcasts. Check out our sound engineer Nick Bates at: Bandcamp -https://nick-bates.bandcamp.com and Twitter -https://twitter.com/nickbatesmusic

State v. Mykal and Malik DerryConcurrent "dual sovereignty" - definition of "is" - drug dealers convicted in Federal case for discharge of weapon and State court for murder arising out of the same conduct. Slang interpreted by FBI Agent is expert testimony "splashed" equals murdered.State v. RivasInvocation of right to counsel - interrogation must cease. Attenuation analysis is inapplicable.State v. BaileySpousal privilege in case of police officer married to drug dealer.State v. LaneStatute applying mitigating sentencing factor for offenders under 26 applied prospectively.Please consider giving the BOLD SIDEBAR 5-star Rating where you listen to Podcasts. Check out our sound engineer Nick Bates at: Bandcamp -https://nick-bates.bandcamp.com and Twitter -https://twitter.com/nickbatesmusic

Sullivan v. Max Spann AuctionsThe 3 day attorney review clause does NOT apply to auction sales.Samolyk v. BertheRescue Doctrine affords a cause of action for one who attempts to rescue another person from self-created peril. The claim fails when the to rescued is personal property - in this case the family dog.After nearly 20 years on the NJ Supreme Court, Justice Barry Albin turns 70 on July 7, 2022 and hits mandatory retirement. Check out all of his opinions via Google Scholar (it will take awhile) and a few facts on Wikipedia.Please consider giving the BOLD SIDEBAR 5-star Rating where you listen to Podcasts. Check out our sound engineer Nick Bates at: Bandcamp -https://nick-bates.bandcamp.com and Twitter -https://twitter.com/nickbatesmusic

State v. AcoliTrooper killer released on parole after 49 years and make big news.State v. Bell2 Deaths from leaving the scene of 1 accident equals 1 crimeMack Cali Realty v. State of NJJersey City worker tax and residency exemptionState v. ThompsonStatute of limitation runs when the State could match DNA not when the State acutally matches DNA,

Alphabet Soup Show NotesI recently saw (through a zoom arbitration) Judge Mary Catherine Cuff - Retired PJAD who served “temporarily” on the NJ Supreme Court from 2012 - 2016 until the appointment of Justice Walter Timpone. The Arb was a pleasure and the Judge issued a lovely hand-written Arb Award. The interaction prompted the ringing of the bell in the Trenton clocktower - the NJ Supreme Court is down (2) Justices and Justice Albin is a mere (2) months from retirement. BRRRRRING!!State v. Konecny -  DUI, PCR, DWS - driving while suspended. The NJ Supreme Court did note extend Laurick relief to multiple DUI offenders who were represented by counsel. Laurick is NOT traditional PCR - it only addresses uncounseled defendants - not defendants who allege ineffective assistance of counsel in the context of PCR.Haviland v. Lourdes Medical Center of Burlington Co. - AOM - Affidavit of Merit is not required where plaintiff asserts vicarious liability against a licensed actor if the tortfeasor is an unlicensed person.Dobco, Inc. v. Bergen County Improvement Authority - A bidder cannot complain that a bid process is illegal while participating as a bidder for a public contract. A resident officer of a bidder may seek injunctive relief, outside of the company's claims, but must file a certification indicating that the individual is not taking direction from the bidder and personally paying legal fees without reimbursement.

Joseph A. Fischetti, Esquire is our Guest. Link to NJ Supreme Court cases featuring Joe as Counsel or on the Brief.Joe loves his Stats. Here is a link to a fantastic set of NJ Supreme Court Stats.We even snuck in one interesting case analysis: Hamid Harris v. City of Newark, et al - Unanimous NJ Supreme Court generously broken down by Joe Fischetti. Government entity denied qualified immunity by the trial court not entitled to appeal of right - must seek interlocutory review.The BOLD SIDEBAR 5-star Rating where you listen to Podcasts. Check out our sound engineer Nick Bates at: Bandcamp - https://nick-bates.bandcamp.com and Twitter - https://twitter.com/nickbatesmusic

Jeter v. Sam's Club - “mode of operation” does not apply where the grapes are in closed containers versus open top bags; trail court not to handle motions in limine as dispositive motionsRivera v. Union County Prosecutor's Office - Common law right to demand Internal Affairs investigation report - redacted for confidentiality even when prohibited under OPRAState v. Anthony Sims, Jr. - Miranda process must include clear statement about charges - no need for police to predict other future charges; preliminary hearing testimony - witness subject to cross examination by defense - meets requirement for admission under the Confrontation ClauseCongrats to Bruce Greenberg - 2,000 Posts on the AppellateLaw-NJ.com BlogThe 2,000th Post on This Blog: The Anniversary of Campbell v. Department of Civil ServiceBy Bruce D. Greenberg on Apr 01, 2022 05:34 pmThe BOLD SIDEBAR 5-star Rating where you listen to Podcasts.Check out our sound engineer Nick Bates at: Bandcamp - https://nick-bates.bandcamp.com and Twitter - https://twitter.com/nickbatesmusic

Moynihan v. Lynch - The Biggest Palimony case in Decades. The NJ Supreme Court voids an element of the Statute of Frauds that required BOTH parties to have independent counsel to create an enforceable palimony alimony.Congressional Redistricting - The Court reminds us that Redistricting is partisan politics and unless the map is “discriminatory” - new CD districts will be established.Graphnet v. Retarus - Corporation defamation, nominal damages, remittitur and MJC revisions.Libertarians for Transparent Government v. Cumberland County  - OPRA case. Records are public with reasonable redactions provided by statute and must be provided, NOT just summary information extracted from those records.The BOLD SIDEBAR 5-star Rating where you listen to Podcasts.Check out our sound engineer Nick Bates at: Bandcamp - https://nick-bates.bandcamp.com and Twitter - https://twitter.com/nickbatesmusic

State v. Radel & State v. Terres - standards for the protective sweep “inside” after an “outside” arrest; reasonable articulable suspicionState v. Nyema and State v. Myers - reasonable articulable suspicion for auto stop - explored in depth - where the police “got it right” on a hunchState v. Samuel Ryan - Three Strikes Law upheld- even when original offense(s) were committed prior to age 18State v. Laura Gonzalez - ambiguous request for counsel, hearsayClick Here to give The BOLD SIDEBAR a nice 5-star Rating.Check out our sound engineer Nick Bates at: Bandcamp -https://nick-bates.bandcamp.com and Twitter -https://twitter.com/nickbatesmusic

Justice Jaynee Lavecchia retired forever effective December 31, 2021. Senior App Div Judge Jose Fuentes is temporarily assigned to the NJ Supreme Court by Chief Justice Rabner. Then Justice Faustino Fernandez-Vina retires because "constitutional senility"* or widely known as turning 70. Nominee Rachel Wainer Apter continues her long wait for  a political deal to be done in Trenton.Plus (4) New Civil CasesMeade v. Township of Livingston - LAD case permits claim in the case of discriminatory actions by a subordinate impacting termination of the Township managerGlassman v. Friedel, et al - Comparative negligence damages to be apportioned by the jury in (2) steps and the aggregate award molded by the  trial judgeCooper Hospital v. Selective Insurance - 150 auto accident victims continue in need of medical treatment from accidents that occurred prior to December 5, 1980 - Medicare is the primary payer and PIP carrier liable for co-pays and deductibles onlyStewart v. NJ Turnpike Authority - Tort Claims Act case. Trial counsel and judges should not entertain new factual theories post-discovery at oral argument. No recovery for injured motorcyclists. Roadway contractors protected from liability on the grounds of derivative immunity.* Justice Daniel O'Hern

NJ's premiere Appellate law blogger Bruce Greenberg is our guest- click here to check out Bruce's blog -NJ Appellate Blog 2021 Wrap-up - (3) important policy casesWinberry v. Rutherford - government immunity limitedRios v. Meda Pharma - (2) racial slurs enough to proceed on LAD claimIn re Attorney General Directives  - public disclosure of “major” police discipline2022 Preview - these cases are on the NJ Supreme Court docket to be decided in 2022Schwartz v. Menas - “new business rule”Jeter v. Sam's Club - the grape caper and “mode of operation doctrine”Samolyk v. Berthe - “rescue doctrine” and the beloved family petClick Here to give The BOLD SIDEBAR a nice 5-star Rating.Check out our sound engineer Nick Bates at: Bandcamp - https://nick-bates.bandcamp.com and Twitter - https://twitter.com/nickbatesmusic

State v. Carrion and State v. HedegespethNJ Gun registry and EvidenceState v. Cynthia Garcia - youth as “mitigating” factor onlyState v. Gerena - lay opinion testimony regarding “age”State v. Comer and State v. Zarate - juvenile “life” sentences reformed and to be reviewed after 20 years of incarcerationPlease consider giving the BOLD SIDEBAR a nice 5-star Rating.Check out our sound engineer Nick Bates at: Bandcamp -https://nick-bates.bandcamp.com and Twitter -https://twitter.com/nickbatesmusic

Meg McCormick Hoerner - rejoins the podcast and takes a deep dive into the 2021 NJ Supreme Court cases that made law and headlines and previews important cases on teh docket for 2022.Check out Meg's excellent podcast and her website https://njcriminalpodcast.com/https://www.hoernerlaw.com/

Alex Shalom the prolific NJ Supreme Court litigator and  Director of Supreme Court Advocacy at the ACLU-NJ rejoins the podcast to wrap-up a couple of interesting cases decided by the NJ Supreme Court in 2021 and to preview the important cases coming up in 2022.https://www.aclu-nj.org/about/leadership/alexander-shalom#:~:text=Alexander%20Shalom%20is%20Senior%20Supervising,disproportionately%20impact%20people%20of%20color.

COVID COURT ALERT!The NJ Supreme Court and AOC issued an order to continue handling most routine court matters virtually. Here is the Order - https://www.njcourts.gov/notices/2021/n211118a.pdf?c=BMD(1) Case - G.C. v. Division of Medical Assistance and Health Services  - counting income in qualifying for Medicaid - regulation invalidated https://www.njcourts.gov/attorneys/assets/opinions/supreme/a_35_36_37_20.pdf?c=GZZ

What Makes a Court Supreme by Associate Justice of the NJ Supreme Court  Daniel J. O'Hern  is a short book chock full of serious analysis and charming tales of the Wilentz Court - lead by NJ Supreme Court Chief Justice Robert N. Wilentz.  https://en.wikipedia.org/wiki/Robert_Wilentz In this Part 1 - we share Justice O'Hern's  view of the Court particularly through its leader Chief Justice Wilentz. We will sprinkle in shows that address all of the Justices  featured in the book.If you like this podcast, you will love the book - I thank NJ Appellate Blog author Bruce Greenberg   https://www.litedepalma.com/new-jersey-appellate-law-blog for turning me on to the book - Here is a Link to the Book:https://www.amazon.com/What-Makes-Court-Supreme-Supereme/dp/B08BW8KY57

State v. Mark Melvin & State v. Michelle Paden-Battle - sentencing judge cannot serve as the  metaphorical “13th juror” and render a sentence based upon crimes for which the defendant was acquitted.https://www.njcourts.gov/attorneys/assets/opinions/supreme/a_13_20.pdf?c=xavDCPP v. JR-R & GR-R -- burden to prove neglect and abuse remains on DCPPhttps://www.njcourts.gov/attorneys/assets/opinions/supreme/a_56_57_19.pdf?c=uXVCR v. MT - sexual consent standard - State in the interest of MTS - “...affirmative and freely given permission…”https://www.njcourts.gov/attorneys/assets/opinions/supreme/a_58_19.pdf?c=WwtIn the Matter of John J. Robertelli - law office cannot use social media to make contact with a represented partyhttps://www.njcourts.gov/attorneys/assets/opinions/supreme/d_126_19.pdf?c=uWEErnest Bozzi v. City of Jersey City -  dog ownership is a “substantially public endeavor” and hence, parts of the dog license is an open public recordhttps://www.njcourts.gov/attorneys/assets/opinions/supreme/a_12_20.pdf?c=xFk

State v. HANNAH - the sale of heroin branded "Gotta Have It" , double-murder and (14) years of post-conviction litigation leads to an order for a new trial on grounds:ineffective assistance of counsel andmisapplication of the "statement against interest" standard for a non-defendanthttps://www.njcourts.gov/attorneys/assets/opinions/supreme/a_74_75_19.pdf?c=2OgState v. LODZINSKIhttps://www.njcourts.gov/attorneys/assets/opinions/supreme/a_50_19r.pdf?c=wd3The disappearance of Timothy Wiltsey - (30) years ago - returns to the NJ Supreme Court after the defense's successful application in a rare - Motion for Reconsideration. The Supreme Court will conduct oral argument again -- this time with a panel of (7) Justices -- including a Judge from the Appellate Division due to Justice Rabner's recusal.

1. Shelley Pritchett v. State of New Jersey - $10 million Punitive Damages against the State of New Jerseyhttps://www.njcourts.gov/attorneys/assets/opinions/supreme/a_5_20.pdf?c=4HU 2. Bonay Goldhagen v. Susan Pasmowitz - Dog Bite Statute - strict liability and comparative negligence https://www.njcourts.gov/attorneys/assets/opinions/supreme/a_17_20.pdf?c=gV53.  State v. Wildemar A. Dangcil - Covid voir dire and jury selection process upheldhttps://www.njcourts.gov/attorneys/assets/opinions/supreme/a_56_20.pdf?c=X054.  In the Matter of Registrant J.D-F. -  relief from community supervision for life under Megan's Law https://www.njcourts.gov/attorneys/assets/opinions/supreme/a_24_20.pdf?c=2NfClick Here to give The BOLD SIDEBAR a 5-star Rating.Check out our sound engineer Nick Bates at: Bandcamp -https://nick-bates.bandcamp.com and Twitter -https://twitter.com/nickbatesmusic

State v Bennie Anderson -  $300 bribe costs $1million plus in forfeited pension.State v Rasheem McQueen -  the search for the “blicky” - recorded conversation at the PD - suppressed. It turns out you actually do get your “one phone call” down at the station house - beware it might be recorded.Click Here to give The BOLD SIDEBAR a nice 5-star Rating.Check out our sound engineer Nick Bates at: Bandcamp - https://nick-bates.bandcamp.com and Twitter - https://twitter.com/nickbatesmusic

State v Carter and State v Roman Rosado - how much of your NJ license plate can your frame cover before the plate is obstructed? State v Njango -  served prison time in excess of maximum sentence - credit granted on term of parole.E/O Gonzalez v City of Jersey City -  Tort Claims Act immunity for “discretionary” vs “ministerial” acts - motorist killed awaiting a ride after declining a ride from the police.Justice Lavecchia - hanging in until the end of 2021! Avoids the mayhem of 3-3 ties and bringing up App Div judges pending consideration of NJ Supreme Court nominee Rachel Wainer Apter.Click Here to give The BOLD SIDEBAR a nice 5-star Rating.Check out our sound engineer Nick Bates at: Bandcamp - https://nick-bates.bandcamp.com and Twitter - https://twitter.com/nickbatesmusic

State v. Damian Sanchez - Non-expert witness can ID a suspect based upon a photo - even a blurry photo, when the witness has familiarity with the suspect. Here, the witness was the Defendant's parole officer with whom he had met hundreds of time.Gilbert v. Stewart - Divorced Judiciary worker [Gilbert] allows the Ex to use her car, he gets loads of tickets, she pleads guilty on the advice of Ex's lawyer. Gilbert is demoted and suspended 50 days without pay - Court upholds the right of Gilbert to sue Defendant Attorney Stewart in malpractice.H.C. Equities v. County of Union - Tort Claims Act - bars the County's landlord from suing in tort.

State v. Andujar - Juror selection bias - NJ Supreme Court establishes a Conference to studyColeman v. Martinez - licensed social worker not immuneState v. Chavies - no early release for ill inmateAug 2, 2021 Courthouse is OpenLandlord-Tenant Procedures88,000 MJ Cases - GoneClick Here to give The BOLD SIDEBAR a nice 5-star Rating.Check out our sound engineer Nick Bates at: Bandcamp - https://nick-bates.bandcamp.com and Twitter - https://twitter.com/nickbatesmusic

Winberry Realty v. Rutherford -  tax collector liable for failing to provide payoff for tax sale selection redemption -- “final policy maker” civil liabilityCarteret v. FMBA - Fire Captain work begets “Captain pay”Waiting on Rachel Wainer Apter - NJ Supreme Court nomineeMotion to Elevate Appellate Division Judge on the State v. Lodzinski and the Timothy Wiltsey Disappearance - Podcast Rabbit HoleClick Here to give The BOLD SIDEBAR a nice 5-star Rating.Check out our sound engineer Nick Bates at: Bandcamp - https://nick-bates.bandcamp.com and Twitter - https://twitter.com/nickbatesmusic

Bruce Greenberg is a premiere class action and appellate lawyer. Bruce is one of only (4) NJ lawyers admitted to the American Academy of Appellate Lawyers and writes the definitive Appellate blog for NJ court watchers https://www.litedepalma.com/new-jersey-appellate-law-blog.We talk NJ Supreme Court process and Supreme Court cases:Baskin v. PC Richard - Bruce is counsel for the plaintiff and prevailed earning a reversal of the dismissal by the trial court judge. The case returns to the trial court with clear instructions on considering class certification.Sullivan v. Max Spann - 3 day right of rescission in real estate auction contracts - DeniedMoynihan v. Lynch - palimony and statute of fraudsState v. Lodzinski - the disappearance of Timothy WiltseyClick Here to give The BOLD SIDEBAR a nice 5-star Rating.Check out our sound engineer Nick Bates at: Bandcamp -https://nick-bates.bandcamp.com and Twitter -https://twitter.com/nickbatesmusic

1. State v. Craig Szemple - Denial of post-conviction discovery for a Murder that occurred in 1975, Trial #1 in 1992 and Trial #2 in 1994 - The chilling poetic words fo the Defendant:“My first hit was an Act of Treachery. The ultimate deceit. 4 bullets in the back 1 in the neck and a broken promise made at the parting of an oncoming river.”These words - written to the Defendant's wife, in a note revealed to the State by the wife's father.Robert Marshall - Blind Faith - Miniseries2. TEAM Charter Academy Renewal -  The Commissioner of Education must consider multiple actors impacting the entire school district and provide its analysis in approving and renewing Charter School applications:Potential segregative effectDemographic compositionChildren with Disabilities / special educationEnglish language learners3. Simmons v. Mercado - OPRA Case against the Millville Police Department - takeaway:The CDR-1 - the Complaint Disposition Record is a public record and in the possession of the Police. Requests for the CDR-1 is Not a request for “research” proscribed by OPRA.4. JK v. NJ Parole Board - International Parole, Community Supervision for Life and the AG parts company with its own client - the NJ Parole Board.

Alexander R. Shalom - Director of Supreme Court Advocacy - ACLU-NJAlex has handled over 200 cases before the NJ Supreme Court and argued 70 cases.Before joining the ACLU-NJ, Alex worked as an Assistant Deputy Public Defender in Essex County. Prior to that, he served as "capital cases" Law Clerk for Hon. Deborah J. Poritz, Chief Justice of the New Jersey Supreme Court. In 2017, the New Jersey Law Journal named him the Attorney of the Year. He is a fellow at the American Academy of Appellate Lawyers.American Academy of Appellate LawyersHot cases discussed:State v Zuber -  long juvenile sentences - the issue from Zuber and Comer is headed back to the NJ Supreme Court in tandem with State v. Zarate.During the Pandemic - the NJ Public Defender's Office, the ACLU, the NJ Attorney General and NJ Prosecutor's Association worked together to fashion protocols that led to the release of @ 5,000 people incarcerated in NJ jails and prisons. The March 2020 consent order and following NJ Supreme Court opinions are linked here:Consent Order - March 23, 2020 - release of certain county jail inmatesModify SentencesCertain DetaineesClick Here to give The BOLD SIDEBAR a 5-star Rating.Check out our sound engineer Nick Bates at: Bandcamp -https://nick-bates.bandcamp.com and Twitter -https://twitter.com/nickbatesmusic

John B. Wefing  Seton Hall Distinguished Professor of Law and History - our interview following up with the Author of the important book on the life of NJ Governor and Chief Justice Hughes. Listen here first or go back to Part 1 - where I break down the book before this charming interview with Professor Wefing.The Life and Times of Richard J. Hughes - Amazon Book LinkClick Here to give The BOLD SIDEBAR a nice 5-star Rating.Check out our sound engineer Nick Bates at: Bandcamp - https://nick-bates.bandcamp.com and Twitter - https://twitter.com/nickbatesmusic

Timothy Wiltsey 2 and State v. Leo T. Little, Jr.State v. Leo T. Little, Jr. - what happens when the State tries a defendant on gun charges and does not produce the gun? Justice Patterson answers with a focused and balanced question to be posed to jurors in voir dire.5 year old Timmy Wiltsey disappeared from the Sayreville Carnival on May 25, 1991 - his mother's controversial 2016 murder conviction was upheld by the NJ Supreme Court on May 26, 2021 - 30 years and 1 day later. The Disappearance of Timothy Wiltsey Part 1. In this Part 2, we dig into the Defendant's weak alibi's and why Juror No. 1 was removed from the jury during deliberations.Click Here to give The BOLD SIDEBAR a nice 5-star Rating.Check out our sound engineer Nick Bates at: Bandcamp - https://nick-bates.bandcamp.com and Twitter - https://twitter.com/nickbatesmusic

The Disappearance of Timothy Wiltsey - Part 15 year old Timmy Wiltsey disappeared from the Sayreville Carnival on May 25, 1991 - his mother's controversial 2016 murder conviction was upheld by the NJ Supreme Court on May 26, 2021 - 30 years and 1 day later.*** This story is multi-layered - I am sure I will Add to it!State v. Michelle Lodzinski - NJ Supreme Court OpinionDismissal of Nearly 300,000 Municipal Court Cases - CJ Rabner OrderNJ Manual on Style Judicial OpinionsHow often are Published Opinions - Per Curiam - Rarely - an example from Bruce Greenberg's Appellatelaw-NJ.com Blog  http://appellatelaw-nj.com/a-rarity-a-published-appellate-division-opinion-issued-per-curiam/Click Here to give The BOLD SIDEBAR a nice 5-star Rating.Check out our sound engineer Nick Bates at: Bandcamp -https://nick-bates.bandcamp.com and Twitter -https://twitter.com/nickbatesmusic

US Supreme Court Won't Take up Smart Phone Password CaseState v. Andrews - the United States Supreme Court is following the lead of the New Jersey Supreme Court. In 2020 the New Jersey Supreme Court in a split 4-3 decision found that compelling a criminal defendant to disclose mobile phone passwords is permissible and does not violate the 5th Amendment right against self-incrimination. Justice Solomon wrote the majority opinion. Justice La Vecchia wrote the dissent. In not taking the case up, the US Supreme Court put its stamp of approval on New Jersey's interpretation of the current state of the law. This is a fast-moving evolution and certainly not the last word on technology, passwords and access to the merging of the human brain and Technology. Sen Weinberg Signs off on Rachel Wainer Apter - New Jersey Supreme Court nominee has two of her four home county senators and needs two more in order to have her nomination considered by the Senate Judiciary Committee. Sen. Loretta Weinberg -NJ-37 - Senate Majority Leader has signed off.Sen. Nicholas Scutari - NJ- 22 -  Chair of the Senate Judiciary Committee indicates that the nomination process may take through September 2021.Click Here to give The BOLD SIDEBAR a nice 5-star Rating.Check out our sound engineer Nick Bates at: Bandcamp - https://nick-bates.bandcamp.com and Twitter - https://twitter.com/nickbatesmusic

State v. Kanem Johnson - Dying DeclarationKevin Shea Reports - Dying Declaration NJ.Com - Wounded Mother ID's ShooterState v. Torres - No Free CrimesAllen v. Cape May County - Purchasing agent - CEPA Claim - involves contracts for (2) powerhouse law firms - Caphert & Scratchard and Ballad SpahrClick Here to give The BOLD SIDEBAR a nice 5-star Rating.Check out our sound engineer Nick Bates at: Bandcamp - https://nick-bates.bandcamp.com and Twitter - https://twitter.com/nickbatesmusic

Chief Justice Richard J. HughesThe only person to serve as Governor of the State of New Jersey and Chief Justice of the New Jersey Supreme Court. Elected as a Democrat and appointed by Republican Governor William Cahill. This is Part 1 of multiple parts. My primary source is the 2009 book The Life and Times of Richard J. Hughes, The Politics of Civility, by Seton Hall Law Professor John B. Wefing. Next Week - Part 2 - My interview with Professor Wefing.Amazon Book LinkClick Here to give The BOLD SIDEBAR a nice 5-star Rating.Check out our sound engineer Nick Bates at: Bandcamp - https://nick-bates.bandcamp.com and Twitter - https://twitter.com/nickbatesmusic

Baskin v. PC Richard & SonsFACTA - proposed class action lawsuit over register receipts. The NJ Supreme Court found:NumerosityPredominanceSuperiorityand remands for class certification.Click Here to give The BOLD SIDEBAR a nice 5-star Rating.Check out our sound engineer Nick Bates at: Bandcamp - https://nick-bates.bandcamp.com and Twitter - https://twitter.com/nickbatesmusic

State v. Omar Vega-LarreguiWhat 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 give The BOLD SIDEBAR a nice 5-star Rating.Check out our sound engineer Nick Bates at: Bandcamp -https://nick-bates.bandcamp.com and Twitter -https://twitter.com/nickbatesmusic

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 Orozco - accomplice liability jury charge clarified after horrible death of a two year old child at the hands of one or both of the baby's parents - remand for re-trial on manslaughter.Huggins v. Aquilar - car dealer loaner car “garage policy” may not have an escape clause excluding coverage. Dealer policies must have $100,000/$250,000 policies - the NJ Supreme Court reformed the garage policy accordingly.Click Here to give The BOLD SIDEBAR a nice 5-star Rating.Check out our sound engineer Nick Bates at: Bandcamp - https://nick-bates.bandcamp.com and Twitter - https://twitter.com/nickbatesmusic

Judge Nelson C. Johnson - Round 2The 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 so you can brag about the book before it becomes another smash hit - like HBO's Boardwalk Empire!Click Here to give The BOLD SIDEBAR a nice 5-star Rating.Check out our sound engineer Nick Bates at: Bandcamp - https://nick-bates.bandcamp.com and Twitter - https://twitter.com/nickbatesmusic

State v. Lopez- Carerra and Molchor and RiosWhen 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.

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 CaseApple v. SamsungDetained 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 where the defendant can represent himself. Haley v. Board of Review - Arrested and detained for two months State dismisses all charges. Unemployment benefits denied.  Remanded for reconsideration of the claimants entitlement to benefits.State v. Dunbrack and Rodriguez - Failure to add a lesser-included offense to a vicious robbery – namely theft not plain error. Conviction Affirmed.State v. Maisonet - Last Minute to request a trial adjournment in order to explore the possibility of hiring private defense counsel denied. Conviction Affirmed. Defendant offered in conclusion be reasons and no likelihood of actually securing alternate counsel to undertake his murder trial defense in a timely fashion. Click Here to give The BOLD SIDEBAR a nice 5-star Rating.Check out our sound engineer Nick Bates at: Bandcamp -https://nick-bates.bandcamp.com and Twitter -https://twitter.com/nickbatesmusic

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's Nightmare. Pre-order!!Click Here to give The BOLD SIDEBAR a nice 5-star Rating.Check out our sound engineer Nick Bates at: Bandcamp - https://nick-bates.bandcamp.com and Twitter - https://twitter.com/nickbatesmusic

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 accommodation" without "undue hardship" on the Department.Please Click here to give The BOLD SIDEBAR a nice 5-star Rating.Check out our sound engineer Nick Bates at: Bandcamp - https://nick-bates.bandcamp.com and Twitter - https://twitter.com/nickbatesmusic

Chief Justice Arthur T. VanderbiltBefore 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.Check out our sound engineer Nick Bates at: Bandcamp - https://nick-bates.bandcamp.com and Twitter - https://twitter.com/nickbatesmusic

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 DisciplineSuzette 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 Court Judge Nelson C. Johnson -  Battleground New Jersey - Vanderbilt, Hague and their Fight for Justice.  [Judge Johnson is also the  author of Boardwalk Empire - the book that spawned the HBO smash hit series.]Please Click here to give The BOLD SIDEBAR a nice 5-star Rating.Check out our sound engineer Nick Bates at: Bandcamp - https://nick-bates.bandcamp.com and Twitter - https://twitter.com/nickbatesmusic

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" during the closing argument - the NJ Supreme Court found prosecutorial misconduct.State v. Greene - in contrast, addressed the prosecutor's promised key witness testimony. The witness never appeared. The missing witness - a fiercely loyal grandmother - sat in jail for 24 days - refusing to testify! Promise minus Missing Witness = Remand for Greene. His co-defendant Lewis - Conviction upheld.Meg has her own lawyer podcast - NJ Criminal Podcast- check it out. Please Click here to give The BOLD SIDEBAR a nice 5-star Rating.Check out our sound engineer Nick Bates at: Bandcamp - https://nick-bates.bandcamp.com and Twitter - https://twitter.com/nickbatesmusic

Two cases this week.Maison v. NJ TransitAnswers 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. SolimineEquitable remedies and statutory Securities Law collide when a financial analyst's promise of employment never materializes. The required written term sheet never materialized either. The court found the plaintiff's claims are limited to “reliance damages” not “benefit of the bargain”  damages. He can recover what he would have earned had he not relied upon the oral employment promise.Please Click here to give The BOLD SIDEBAR a nice 5-star Rating.Check out our sound engineer Nick Bates at: Bandcamp - https://nick-bates.bandcamp.com and Twitter - https://twitter.com/nickbatesmusic

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 working at a weekend event for employerPlease Click here to give The BOLD SIDEBAR a nice 5-star Rating.Check out our sound engineer Nick Bates at: Bandcamp - https://nick-bates.bandcamp.com and Twitter - https://twitter.com/nickbatesmusic

Gary Stein “Retired” New Jersey Supreme Court Justice. 60 plus years of service to the law and the communityJustice 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 ruleState v. Apprendi - the NJ Supreme Court's decision including Justice Stein's dissent. The US Supreme Court siding with Justice Stein's dissent that facts must be found by a jury in order to impose and enhance penalty on a criminal defendant. US Supreme Court decision Apprendi v. New Jersey .Now, at age 87, the Justice leads a coalition Pursuing a lawsuit against the state of New Jersey for a determination that the New Jersey public school system is segregated and advancing a number of remedial measures.  Latino Action Network v. New Jersey .Enjoy!Find Justice Stein - https://www.pashmanstein.com/attorney/gary-s-steinStein Public Interest CenterNJ Supreme Court - Oral History Project