Warrantless Search under the Emergency Aid Doctrine Can police search a suspect’s home without a warrant if they believe that the individual is critically injured inside the dwelling? The Appellate Division thought so given the facts of a recent stabbing case. Police...
Year: 2015
Right To Effective Counsel
In 2003, Naquan O’Neil was tried for murder and aggravated manslaughter. His attorneys asserted that he was not guilty of murder because he acted in self-defense but did not assert self-defense to the charge of manslaughter. At the time, self-defense was not permitted...
The Defendant Can Be Compelled To Appear For Sentencing
THE DEFENDANT CAN BE COMPELLED TO APPEAR FOR SENTENCING The New Jersey Supreme Court recently ruled that the trial judge has the authority to compel the defendant to appear for sentencing. The family of the murdered victim in the matter of State v. Tedesco wanted to...
A Warrant Is Now Required To Withdraw Blood
A WARRANT IS NOW REQUIRED TO WITHDRAW BLOOD The U.S. Supreme Court recently ruled in the matter of Missouri v. McNeely, 133 S. Ct. 1552 that in most cases a warrant is required to withdraw blood of one suspected of driving while intoxicated. Below is an article...