New Jersey judges are currently appointed for initial seven-year terms. At the end of this period, a judge’s appointment is reviewed by the Governor and the State Senate with an eye toward determining whether they should be reappointed with tenure, which would guarantee the security of their position until they…
During the same week in early April, 2014, the New York Times published two seemingly unrelated stories highlighting the increasing contacts that law enforcement personnel have with mentally ill individuals, and the problems that result from these encounters. The fact that one of the Nation’s largest newspapers ran both of…
Edward Ates appealed his Bergen County conviction and life sentence for the murder of his son-in-law in Ramsey, New Jersey. The Appellate Division affirmed, and the New Jersey Supreme Court granted certification to consider, among other issues, Ates’ assertion that New Jersey’s Wiretapping and Electronic Surveillance Control Act was unconstitutional.…
We have known for some time that the United States incarcerates more people than any other industrialized nation on the planet. The federal prison system, which has grown approximately 700% since 1980, currently holds about 216,000 inmates. Additionally, states, counties and municipalities each have their own prison systems. It is…
Antoine Cortez-Dutrieville wanted to challenge the seizure of evidence, including heroin and other paraphernalia, from the home of his child’s mother, Portia Newell. At some point, however, Newell had obtained an order of protection which, among other things: (a) barred him from contacting her for most purposes, (b) “evicted and…
In Newman v. Harrington, No. 12-3725 (7th Cir. 8/9/13), the Court affirmed a district court ruling on a habeas petition which found that the failure of defense counsel to investigate known deficiencies concerning his client’s mental capacity, and to raise the issue of defendant’s fitness to stand trial with the…
The United States Supreme Court decided Hinton v. Alabama, No. 13-6440 (Per Curiam), on February 24, 2014. This case is a “must read” for all defense attorneys because it highlights the importance of some of the most fundamental requirements of competent representation of criminal defendants. If nothing else, it is…
The United States Supreme Court has granted certiorari in two cases that consider whether the police can conduct a warrantless search of an individual’s cell phone incident to arrest. Courts have held previously that the police can search an individual’s person and effects at the time of arrest, but cell…
In 1997 and 1998, an eight-year-old girl known as “Amy” was sexually abused and raped repeatedly by her uncle. Amy’s uncle received a custodial term of 10 years, and was ordered to pay $6,325.00 in restitution. The assaults were photographed, and the photos were placed on the Internet and spread…
The United States Supreme Court recently decided Kansas v. Cheever, 571 U.S. _____ (12/11/13), which discusses whether the Fifth Amendment prohibits the Government from introducing evidence from a criminal defendant’s court-ordered mental health evaluation to rebut the defendant’s presentation of expert testimony supporting a voluntary intoxication defense. The defendant was…