Testimony in a New Jersey domestic violence case may be used for impeachment in a related criminal case, despite a statute barring its use as affirmative evidence. Though N.J.S.A. 2C:25-29(a) appears to prohibit any use of the testimony in a criminal trial, such a broad interpretation "would interfere with a defendant's rights under the confrontation clause." State v. Duprey, New Jersey App. Div., August 1, 2012
The New Jersey divorce judge's failure to allow cross-examination is a denial of due process, warranting a reversal. J.M.K. v. C.A.K., New Jersey App. Div., May 24, 2012
Due process was violated in two respects. First, cross-examination was not afforded. Second, the complaint was allowed to be amended mid-trial. Reversed and remanded for a new trial. J.A. v. A.J.S., New Jersey App. Div., March 30, 2012
The New Jersey Supreme Court is considering whether a warrantless home search based on an anonymous 911 report of domestic violence can produce evidence admissible in a criminal trial. State v. Edmonds, New Jersey Supreme Court, # A-106-10, January 26, 2012
The defendant's wife was entitled to exercise the spousal privilege of refusing to testify in his criminal trial. There was no conflict between her exercise of the privilege and a constitutional right, and she did not waive her right. State of New Jersey v. Mauti, New Jersey App. Div., January 16, 2012
The United States Supreme Court has just ruled that due process constitutional protections attach when a parent is incarcerated for non-payment of support. Turner v. Rogers, U.S. (2011); United States Supreme Court; 387 S.C. 142, 691 S.E. 2d 470, vacated and remanded, August 19, 2011
The United States Supreme has agreed to decide whether the warrantless use of a GPS tracking device on a vehicle violates the Fourth Amendment. United States v. Maynard, Supreme Court Docket No. 10-1259, June 27, 2011
Stressing that children are not "miniature adults," the U.S. Supreme Court just ruled police must consider a juvenile suspect's age in deciding whether the child must be given Miranda warnings. J.D.B. v. North Carolina, U.S. (2011); June 13, 2011
The United States Supreme Court just issued a decision arising out of a child abuse interview of a 9 year old by a state child protective services worker and a county deputy sheriff. Camreta v. Greene, 588 F. 3d 1011, vacated in part and remanded; U.S. (2011); May 27, 2011
Do indigents have a constitutional right to counsel if they face jail for failing to pay child support? Turner v. Rogers, United States Supreme Court, March 28, 2011
