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 last several days have seen some interesting published opinions by the Appellate Division. Here are summaries of three of them: Petro v. Platkin, ___ N.J. Super. ___ (App. Div. 2022). This opinion by Judge Natali, which applied de novo review, affirmed a Law Division ruling that dismissed plaintiffs’ attempt to enjoin and invalidate the Medical Aid in Dying for the Terminally Ill Act, N.J.S.A. 26:16-1 to -20 (“the Act”). The Appellate Division agreed with the Law Division that, despite New Jersey’s relatively liberal standing rules, none of the plaintiffs had...

In re Wade, ___ N.J. ___ (2022). In In re Wilson, 81 N.J. 451 (1979), the Supreme Court established a bright line rule that attorneys who knowingly misappropriate client funds will be permanently disbarred. Unlike in most other jurisdictions, there is no opportunity to reapply for admission to the New Jersey Bar. Today, in an opinion by Chief Justice Rabner that commanded a 6-0 vote (Judge Fuentes did not participate), the Court disbarred the respondent attorney under the Wilson rule. The attorney admitted having knowingly misappropriated client funds, and since the overall record clearly...