Unemployment Benefits, Suppression of Evidence, and the Alleged Improper Exercise of Peremptory Challenges Based on Race Come Before the Supreme Court

The Supreme Court announced that it has granted review in two more cases.  The first, Blake v. Board of Review, was discussed here.  Since the Court had previously granted review in McClain v. Board of Review, 451 N.J. Super. 461 (App. Div. 2017), a ruling that (as discussed here) directly conflicts with Blake, it was to be expected that the Court would review Blake as well.  The question presented in Blake, as phrased by the Supreme Court Clerk’s Office, is “Was claimant disqualified from obtaining unemployment benefits, pursuant to N.J.S.A. 43:21-5(a), as amended in 2015, where she resigned her job in order to accept a new position, but never commenced work in the new position because it was no longer available?”

The other case that the Court has taken up is State v. Carter.  The question presented there is “Was defendant entitled to the suppression of weapons found in his car, where officers searched for defendant’s registration and insurance information, despite earlier having discovered that the car was registered to defendant; and, did the trial court adequately analyze defendant’s claim that the prosecutor impermissibly exercised preemptory challenges based on race?”  In an unpublished per curiam opinion, a two-judge Appellate Division panel affirmed the decision of the Law Division that rejected defendant’s arguments.

 

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