As described in an Order of Disposition of Emergent Application in State v. Dangcil, the Supreme Court was presented with a motion “seeking leave to appeal from the judgment of the Superior Court, Appellate Division, affirming the trial court’s denial of defendant’s order to show cause (OTSC) challenging the hybrid-virtual jury selection procedure adopted in response to the COVID-19 pandemic.” The Court concluded that defendant had not made a sufficient showing to obtain emergent relief, and that his trial, scheduled to begin today, would proceed. But that was not the...

State v. Faber, ___ N.J. Super. ___ (App. Div. 2020). As discussed here, last month, the Appellate Division affirmed defendant’s Municipal Court convictions but remanded for correction of his sentence. The panel cited two matters that the Law Division had overlooked in sentencing. One of those was a statutory requirement that defendant install an ignition interlock in his vehicle. Today, however, the panel issued an opinion that “revises and replaces” the prior ruling. Judge Fuentes explained the reason for that. “After the opinion was published, the State filed a...

All New Jersey state and federal courts are closed today for Columbus Day. But late last Friday, the Supreme Court announced that it had granted review in two more criminal appeals. The Court also solicited amicus curiae briefs in a pending appeal. First, the two new appeals. In State v. Carrion, the question presented, as phrased by the Supreme Court Clerk’s office, is “Did the failure of the arresting officers to apprise defendant of his Miranda rights prior to his initial statements in his apartment preclude the admission of his subsequent warned statements at the police...