113 episodes

The only podcast devoted to all things New Jersey Supreme Court. NJ Attorney Jeff J. Horn breaks down every NJ Supreme Court Opinion - as the opinions are published, interviews top lawyers and judges, and addresses major developments at the NJ Supreme Court.

The Bold Sidebar Jeff J. Horn

    • Government
    • 4.9 • 16 Ratings

The only podcast devoted to all things New Jersey Supreme Court. NJ Attorney Jeff J. Horn breaks down every NJ Supreme Court Opinion - as the opinions are published, interviews top lawyers and judges, and addresses major developments at the NJ Supreme Court.

    Slang, Dual Sovereignty & The Definition of Is

    Slang, Dual Sovereignty & The Definition of Is

    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

    • 20 min
    Auction Sales and Rescue Doctrine

    Auction Sales and Rescue Doctrine

    Sullivan v. Max Spann Auctions
    The 3 day attorney review clause does NOT apply to auction sales.


    Samolyk v. Berthe
    Rescue Doctrine affords a cause of action for one who attempts to rescue another person from self-created peril. The claim fails when the to rescued is personal property - in this case the family dog.

    After nearly 20 years on the NJ Supreme Court, Justice Barry Albin turns 70 on July 7, 2022 and hits mandatory retirement. Check out all of his opinions via Google Scholar (it will take awhile) and a few facts on Wikipedia.

    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

    • 19 min
    NJ State Trooper Murderer Paroled

    NJ State Trooper Murderer Paroled

    State v. Acoli
    Trooper killer released on parole after 49 years and make big news.

    State v. Bell
    2 Deaths from leaving the scene of 1 accident equals 1 crime

    Mack Cali Realty v. State of NJ
    Jersey City worker tax and residency exemption

    State v. Thompson
    Statute of limitation runs when the State could match DNA not when the State acutally matches DNA,

    • 33 min
    Alphabet Soup - DUI, PCR, AOM and RFQ's

    Alphabet Soup - DUI, PCR, AOM and RFQ's

    Alphabet Soup Show Notes
    I recently saw (through a zoom arbitration) Judge Mary Catherine Cuff - Retired PJAD who served “temporarily” on the NJ Supreme Court from 2012 - 2016 until the appointment of Justice Walter Timpone. The Arb was a pleasure and the Judge issued a lovely hand-written Arb Award. The interaction prompted the ringing of the bell in the Trenton clocktower - the NJ Supreme Court is down (2) Justices and Justice Albin is a mere (2) months from retirement. BRRRRRING!!
    State v. Konecny -  DUI, PCR, DWS - driving while suspended. The NJ Supreme Court did note extend Laurick relief to multiple DUI offenders who were represented by counsel. Laurick is NOT traditional PCR - it only addresses uncounseled defendants - not defendants who allege ineffective assistance of counsel in the context of PCR.
    Haviland v. Lourdes Medical Center of Burlington Co. - AOM - Affidavit of Merit is not required where plaintiff asserts vicarious liability against a licensed actor if the tortfeasor is an unlicensed person.
    Dobco, Inc. v. Bergen County Improvement Authority - A bidder cannot complain that a bid process is illegal while participating as a bidder for a public contract. A resident officer of a bidder may seek injunctive relief, outside of the company’s claims, but must file a certification indicating that the individual is not taking direction from the bidder and personally paying legal fees without reimbursement.

    • 19 min
    NJ Supreme Court Statistics - Analysis by Joseph Fischetti, Esqure

    NJ Supreme Court Statistics - Analysis by Joseph Fischetti, Esqure

    Joseph A. Fischetti, Esquire is our Guest. Link to NJ Supreme Court cases featuring Joe as Counsel or on the Brief.
    Joe loves his Stats. Here is a link to a fantastic set of NJ Supreme Court Stats.
    We even snuck in one interesting case analysis: Hamid Harris v. City of Newark, et al - Unanimous NJ Supreme Court generously broken down by Joe Fischetti. Government entity denied qualified immunity by the trial court not entitled to appeal of right - must seek interlocutory review.
    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

    • 53 min
    Mode of Operation Rule plus More Miranda and OPRA

    Mode of Operation Rule plus More Miranda and OPRA

    Jeter v. Sam's Club - “mode of operation” does not apply where the grapes are in closed containers versus open top bags; trail court not to handle motions in limine as dispositive motions
    Rivera v. Union County Prosecutor's Office - Common law right to demand Internal Affairs investigation report - redacted for confidentiality even when prohibited under OPRA
    State v. Anthony Sims, Jr. - Miranda process must include clear statement about charges - no need for police to predict other future charges; preliminary hearing testimony - witness subject to cross examination by defense - meets requirement for admission under the Confrontation Clause
    Congrats to Bruce Greenberg - 2,000 Posts on the AppellateLaw-NJ.com Blog
    The 2,000th Post on This Blog: The Anniversary of Campbell v. Department of Civil Service
    By Bruce D. Greenberg on Apr 01, 2022 05:34 pm
    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

    • 25 min

Customer Reviews

4.9 out of 5
16 Ratings

16 Ratings

You Might Also Like