Another Child Abuse and Neglect Case, and a Criminal Case With Constitutional Law Issues, Will be Before the Supreme Court

The Supreme Court announced today that it has granted review in two new cases.  The first, New Jersey Division of Child Protection & Permanency v. A.B., is before the Court by virtue of a dissent in the Appellate Division.  The question presented in that appeal, as phrased by the Supreme Court Clerk’s Office, is “Did defendant abuse or neglect her sixteen-year-old daughter by refusing to permit her daughter to live in the family home after she ran away?”  The case got a lot of publicity at the trial level, where a finding of abuse and neglect was made.  The Appellate Division majority (Judges Yannotti and St. John) affirmed in a per curiam opinion.  Judge Guadagno dissented, which prompted this appeal as of right.

The second appeal is State v. Martinez.  The question presented there is “Under the circumstances presented, did the police violate defendant’s right to counsel and his right to remain silent?”  Both the trial court and the Appellate Division, in a per curiam, two-judge decision, rejected defendant’s arguments.  Now the Supreme Court will have the final word.

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