State v. Smith, ___ N.J. ___ (2022). Here is how Justice Solomon began his opinion for a unanimous Court in this case today: “N.J.S.A. 39:3-74 prohibits operation of a vehicle with any ‘non-transparent material’ on the front windshield or front side windows. Although the statute predates automotive window tinting, it commonly serves as the statutory basis for tinted window citations. See State v. Cohen, 347 N.J. Super. 375, 379-81 (App. Div. 2002). In this appeal, the Court considers whether a purported violation of N.J.S.A. 39:3-74 based on tinted windows justified an...

The last few days have seen three opinions by the Supreme Court in criminal appeals. Here are summaries of those decisions: State v. Rivas, ___ N.J. ___ (2022). This opinion by Justice Albin today, for a unanimous Court, reversed the decisions of the Law Division and the Appellate Division that had denied defendant’s motion to suppress his confession. In a fact-intensive decision, the Court applied the principle of Edwards v. Arizona, 451 U.S. 477 (1981), that if “an accused has invoked his right to have counsel present during custodial interrogation,” questioning must cease and...

The Supreme Court announced that it has granted certification in two new cases, State v. A.M. and State v. Oliver. The question presented, as phrased by the Supreme Court Clerk’s office, is the same in both appeals: “Does a trial court have discretion to deny an inmate’s petition for compassionate release if the court finds, by clear and convincing evidence, that the inmate ‘is so debilitated or incapacitated by the terminal condition, disease or syndrome, or permanent physical incapacity as to be permanently physically incapable of committing a crime if released and, in...