The Bold Sidebar Jeff J. Horn

On October 21, 2022 the New Jersey to Supreme Court logjam was officially broken. Rachel Wainer Apter and Douglas M. Fasciale were both sworn in. As of recording of the podcast, the new Justice’s biographies are not up on the website yet. I will use their Wikipedia pages for bio background.
I also regroup and recap our current roster of New Jersey Supreme Court Justices.

Chief Justice Stuart Rabner

Justice Anne M. Patterson

Justice Lee. A. Solomon

Justice Fabiana Pierre-Louis

Justice Rachel Wainer Apter

Justice Douglas M. Fasciale
Judge Jack M. Sabatino - on Assignment from the Appellate Division

We are so fortunate to have this thoughtful and evolving analysis of the NJ Supreme Court by Joe Fischetti, Esq. His day job is Assistant General Counsel with Valley Health System. Joe previously served as Law Clerk to Chief Justice Rabner. Joe's experience and keen insights into the operation of the NJ Supreme Court make him the perfect statistician. Here is a link to Joe' report "New Jersey Supreme Court, 2021-22 Term in Review."

Joe was kind enough to stick around and break down an important case from the term -
Crystal Point Condominium Association, Inc. v. Kinsale Insurance Co. - Claimants must submit to Arbitration, Direct Action Statute, insolvent policy holder and default judgments.

State v. Steven Bookman - The Court limits pursuit of offender subject to a warrant into 3rd party's home.

State v. A.L.A. - Affirmative defense of corporal punishment to be instructed on jury charges - including simple assault charge in child endangerment case.

State v. F.E.D. - Compassionate Release requires that inmate demonstrate inability to perform 2 or more basic activities of daily living.

Two NJ Supreme Court nominees are moving while Appellate Division judges are temporarily elevated.

Rachel Wainer Apter -Director of the New Jersey Division on Civil Rights - to be Re-nominated for a full term. 

Hon. Douglas M. Fasciale - temporarily elevated and to be nominated for a full term.

Hon. Jack Sabatino - temporarily elevated.

Hon. Clarkson Fisher - temporarily elevated.

Linden Democratic Committee v. City of Linden - City required to seat party nominee in vacant slot on council.

Schwartz v. Menas, Esq. - New business rule - changes standard for new businesses to recover lost profits.

Norman International v. Admiral Insurance - "related to" is broader than "arising out of" - Admiral's exclusionary clause enforced - no coverage on blind cutting machine injury at Home Depot in Nassau County.

State v. Mackroy-Davis - Importance of Speedy Trials for 6000 accused detained pending trial.

State v.  Clark - Suppression of recorded statement upon invocation of counsel.

State v. Goldsmith - Suppression of gun recovered from improper stop.

State v. Smith - Tinted windows are OK - police must be able to see people and items.

Please consider giving the BOLD SIDEBAR 5-star Rating where you listen to Podcasts. Check out our sound engineer Nick Bates at: Bandcamp -https://nick-bates.bandcamp.com and Twitter -https://twitter.com/nickbatesmusic

State v. Mykal and Malik Derry
Concurrent "dual sovereignty" - definition of "is" - drug dealers convicted in Federal case for discharge of weapon and State court for murder arising out of the same conduct. Slang interpreted by FBI Agent is expert testimony "splashed" equals murdered.

State v. Rivas
Invocation of right to counsel - interrogation must cease. Attenuation analysis is inapplicable.

State v. Bailey
Spousal privilege in case of police officer married to drug dealer.

State v. Lane
Statute applying mitigating sentencing factor for offenders under 26 applied prospectively.

Please consider giving the BOLD SIDEBAR 5-star Rating where you listen to Podcasts. Check out our sound engineer Nick Bates at: Bandcamp -https://nick-bates.bandcamp.com and Twitter -https://twitter.com/nickbatesmusic