Today, the New Jersey Appellate Division published its decision in the case of State v. Terry & Savoy (husband and wife), which addressed the issue of whether communications between husband and wife that are intercepted through the NJ Wiretap and Electronic Surveillance Control Act (“the Wiretap Act”), N.J.S.A. 2C:156A -1 to -34, are protected by… Continue Reading
Category Archives: Case Law
Defendant’s Rights vs. Victim’s Rights: Who Wins
On January 10, 2013, Guiseppe Tedesco, a 27-year old Hopatcong man, was found guilty of the murder of 22-year old Alyssa Ruggieri. During the month-long trial that took place before a jury in the Sussex County Courthouse, the State alleged that Tedesco shot Ruggieri six times in her Hopatcong home after she rebuffed his romantic… Continue Reading
State Must Prove Defendant’s Biased Intent in Committing Bias Crime
In a decision reached on Wednesday, January 30th, the New Jersey Appellate Division found that in order to convict a defendant for a bias crime under N.J.S.A. 2C:16-1a(3), there must be proof of his/her biased intent. To convict merely upon the victim’s perception of the defendant’s conduct is now unconstitutional. The matter of State v.… Continue Reading
NJ Appellate Division: No Right to Court-Appointed Counsel for DV Litigants
The New Jersey Appellate Division ruled yesterday that indigent domestic violence litigants (both plaintiffs seeking domestic violence restraining orders and defendants opposed same) are not entitled to legal representation at the expense of taxpayers. The 3-judge panel indicated that the kinds of relief available to domestic violence victims “do not result in a ‘consequence of… Continue Reading
US Court of Appeals Rules Ban on Social Media for Sex Offenders Unconstitutional
As a follow-up to yesterday’s blog (wherein I mentioned that the defendant was barred from using social media sites as a condition of his bail), I was surprised to learn that a U.S. Court of Appeals – 7th Circuit (Indiana) had found social media bans for sexual offendersunconstitutional. Yesterday, a federal appeals court held that… Continue Reading
