The Supreme Court Will Address Dying Declarations, Reimbursement in Workers Compensation for Medical Marijuana, and Expert Psychiatric Testimony in Involuntary Commitment Cases

The Supreme Court announced that it has granted certification in three more cases. In State v. Williamson, the question presented, as phrased by the Supreme Court Clerk’s office, is “Was the victim’s identification of defendant admissible as a dying declaration under N.J.R.E. 804(b)(2) and did its admission deprive defendant of his Sixth Amendment right to confront the witnesses against him?” The Law Division admitted the testimony and the Appellate Division, in a per curiam unpublished opinion by a two-judge panel, affirmed that ruling and upheld defendant’s conviction on first degree aggravated manslaughter and other charges.

Iager v. M&K Construction presents this question: “Among other issues, may a workers’ compensation judge order an employer to reimburse its employee for the cost of the employee’s medical marijuana prescribed for chronic pain following a work-related accident?” In an opinion reported at 462 N.J. Super. 146 (App. Div. 2020), a three-judge panel of the Appellate Division affirmed the workers’ compensation judge who had ordered that reimbursement. The Appellate Division’s opinion was discussed here.

In the final case, In the Matter of the Civil Commitment of W.W., the question presented is “Does N.J.S.A. 30:4-27.30(b) require the State to present testimony from a psychiatrist in support of the involuntary commitment of a sexually violent predator?” In an unpublished per curiam opinion, a two-judge Appellate Division panel affirmed the decision of the Law Division to involuntarily commit defendant.