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Articles Posted in New Jersey Supreme Court

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State v. Payne and the Limits of Compassionate Release

New Jersey’s Compassionate Release Act is supposed to do one thing well. It exists to ensure incarceration does not become a death sentence for someone who is seriously ill, medically vulnerable, or otherwise unable to be safely housed. The New Jersey Supreme Court’s decision in State v. Celestine Payne is a reminder,…

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Supreme Court Rules on Trial Court’s Probe into Juror Impropriety

The New Jersey Supreme Court’s decision in State v. Ebenezer Byrd is about something most people don’t think about until it happens: what a judge has to do when there is a credible report that a juror may be breaking the rules in the middle of a criminal trial. At its core, the…

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Can Trial Courts Deny Defendant’s Request for a New Criminal Defense Attorney on the Day of Trial?

Yes, if the court conducts a thorough analysis of the factors listed in United States v. Burton and those factors favor denial of Defendant’s request. In March of this year the New Jersey Supreme Court dealt with this very issue in the context of a murder trial.  In State v.…

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