Supreme Court Opinions

Hearsay is generally admissible in a VOP hearing. When assessing the State’s ability to rely on hearsay to satisfy its proof obligation without contravening a defendant’s due process rights, a court fundamentally should consider the State’s reasons for relying on hearsay forms of evidence and the reliability of the evidence for its proposed purpose. In this matter, the State failed to provide any justification for relying on hearsay, and the hearsay evidence was not sufficiently reliable for its asserted purpose of substantiating the new criminal charges against defendant.

Because the critical causative conduct in this case was a failure to enforce the law, Bierals is entitled to absolute immunity. The City’s liability is conditioned on that of Bierals, and thus the City is entitled to absolute immunity as well.

The affidavit supporting a search warrant disclosed in discovery need not be disclosed as a matter of course, and no particular circumstances necessitated disclosure of that affidavit here. To the extent that the trial court’s order of release served as a “sanction” for the State’s failure to meet what the court viewed to be the State’s discovery requirements, that release order was improper.

N.J.A.C. 12:17-9.3(b) does not generally impose a notice-and-inquiry requirement on every claimant who has departed her work because that work aggravated a medical condition. Nonetheless, Ardan failed to meet the burden imposed by the regulation. The Appellate Division panel properly decided this appeal based on the version of the statute that was in effect when Ardan applied for unemployment benefits in 2012.

The court erred by allowing evidence that defendant threatened to burn down his girlfriend’s homes and by admitting John’s hearsay statements that defendant was responsible for the arson. However, the errors were not capable of producing an unjust result because of the overwhelming weight and quality of the evidence against defendant.

The proper standard of appellate review of pretrial detention decisions is whether the trial court abused its discretion by relying on an impermissible basis, by relying upon irrelevant or inappropriate factors, by failing to consider all relevant factors, or by making a clear error in judgment. Here, the trial court abused its discretion.

Because the State never proved an essential element of the certain persons charge to the jury, defendant’s conviction cannot stand.

The cumulative effect of both errors denied defendant his right to a fair trial.

The Appellate Division erred in concluding that the holding in Heien is applicable here. The motor vehicle statutes pertinent here are not ambiguous. The officer’s stop of defendant’s motor vehicle was not an objectively reasonable mistake of law that gave rise to constitutional reasonable suspicion; the stop was therefore unconstitutional.

Because the trial court’s error in preventing plaintiff from replaying a portion of the deposition during summation at the first trial resulted in a miscarriage of justice, the trial court properly granted plaintiff’s motion for a new trial. Further, the trial court erred in permitting Dr. Vasen to bolster his testimony using "congruent" opinions in reports of non-testifying doctors during the first trial rather than simply explain the sources of information used in forming his opinion.

The Division met its burden of proof concerning A.B.’s abuse or neglect of A.F. under N.J.S.A. 9:6-8.21(c)(4). The Court finds insufficient proof of willful abandonment under N.J.S.A. 9:6-8.21(c)(5) and reverses on that issue. The hearsay evidence was properly suppressed.

To ensure that N.J.S.A. 2C:33-4(c) does not exceed its constitutional reach in cases involving the prosecution of pure speech, repeated acts to "alarm" and "seriously annoy" must be read as encompassing only repeated communications directed at a person that reasonably put that person in fear for his safety or security or that intolerably interfere with that person’s reasonable expectation of privacy.

Because the warrant affidavit failed to provide specific information as to why defendant’s apartment and not other units should be searched, the warrant application was deficient.

The Court reverses the grant of summary judgment to defendants and remands the matter for further proceedings, finding that the equities militate in favor of permitting a facially meritorious action to proceed here. The Court declines to approve recourse to a voluntary dismissal without prejudice under Rule 4:37- 1(b) as an appropriate avenue for addressing failures to comply with the affidavit of merit requirement, including when a minor is involved. Rather, the Court will require modification of the Judiciary’s electronic filing and notification case management system to ensure that, going forward, necessary and expected conferences are scheduled to enhance parties’ compliance with requirements under the Affidavit of Merit Statute, in furtherance of the statutory policy goals.

The Disclaimer is void because it is contrary to the public policy expressed in sections 39 and 40 of the Workers’ Compensation Act.

The judgment of the Appellate Division is affirmed substantially for the reasons expressed in the per curiam opinion.

The judgment of the Appellate Division is affirmed substantially for the reasons expressed in the per curiam opinion.