State v. Wade, ___ N.J. ___ (2022). As Justice Solomon said in his unanimous opinion for the Supreme Court today in this murder case, New Jersey courts “rarely find an error to be harmless when the State violates a defendant’s right against self-incrimination. That is not only because the right to counsel is so precious, but also because self-inculpatory statements are powerful evidence of guilt that is not easily overcome” (citation omitted). As a result, a suspect’s statements made after detectives fail to cease questioning once the suspect invokes the right to counsel...

Gilligan v. Junod, ___ N.J. Super. ___ (App. Div. 2022). As Judge Gilson stated in his opinion for the Appellate Division today, this case “present[ed] a question of first impression: is a licensed practical nurse a ‘licensed person’ as defined in and covered by the Affidavit of Merit (AOM) statute, N.J.S.A. 2A:53A-26 to -29.” Applying de novo review to that purely legal question, the Appellate Division answered “no,” affirming the conclusion of the Law Division. The Appellate Division reached that result largely based on the plain language of the AOM...

Alam v. Ameribuilt Contractors, ___ N.J. Super. ___ (App. Div. 2022). This was a workers’ compensation appeal in which the Law Division had disqualified insurance company-assigned counsel for respondent-appellant Ameribuilt Contractors. As Judge Mitterhoff put it in her opinion for the Appellate Division that reversed that ruling, the Law Division acted “on the basis of a perceived conflict between Ameribuilt’s workers’ compensation carrier, Travelers Property Casualty Insurance Co. (Travelers), and Travelers’ ostensible insured, respondent Robert Alam.”...