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The Bold Sidebar

Jeff J. Horn

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.
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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.

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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.

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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.

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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

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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

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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

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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,

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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.

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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

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