Our Impact

Amicus brief in N.J. Supreme Court addressing whether the odor of marijuana in a vehicle authorizes a search of the engine compartment and trunk under the automobile exception to the warrant requirement.

Amicus brief in N.J. Supreme Court addressing the appropriate standard to evaluate the admissibility of expert evidence under N.J.R.E. 702, generally, and whether the testimony of a trained Drug Recognition Expert can be relied on in court.

Amicus brief in N.J. Supreme Court addressing whether a person with a prior conditional discharge for a marijuana offense is eligible for the Pre-Trial Intervention program in light of the fact that the new Cannabis Regulatory, Enforcement, Assistance and Marketplace Modernization Act automatically expunged low-level marijuana convictions.

In an important victory for the rights of medical marijuana patients, on April 13, 2021, the New Jersey Supreme Court affirmed an Appellate Division ruling, holding that a workers' compensation judge may order employers in the State of New Jersey to reimburse injured employees for the cost of medical marijuana.

Amicus brief arguing that the Law Against Discrimination protects medical marijuana patients.

Amicus brief in N.J. Supreme Court arguing that the witness tampering statute's failure to specify the requisite state of mind for a conviction rendered Hill's conviction defective.

Amicus brief for ACDL-NJ arguing that defendant did not abandon suitcase and therefore warrantless search was unlawful.

Amicus brief for ACDL-NJ arguing that reckless state of mind is constitutionally insufficient for a terroristic threats prosecution.

Amicus brief for ACDL-NJ regarding whether identifications conducted during pretrial interviews are subject to Due Process protections of other identifications.

Amicus brief in N.J. Supreme Court arguing that the prosecution of this offense was time-barred.

Amicus brief in N.J. Supreme Court addressing whether the odor of marijuana in a vehicle authorizes a search of the engine compartment and trunk under the automobile exception to the warrant requirement.

Amicus brief in N.J. Supreme Court arguing that virtual interpretation in criminal trial deprived defendant of his constitutional right to a fair trial.

Amicus brief in N.J. Supreme Court addressing whether law enforcement officers can narrate surveillance videos in criminal trials and whether an identification can be made for the first time at trial, in front of a jury.

Amicus brief in N.J. Supreme Court addressing whether Allen was denied a fair trial because the trial court permitted a detective to narrate a video recording.

Amicus brief for ACDL-NJ addressing whether the automobile exception to the warrant requirement, as articulated in State v. Witt, 223 N.J. 409, 447-48 (2015), permitted the warrantless search of a vehicle after an investigative stop.

Amicus brief arguing that the state failed to bring Mr. Amer to trial within 180 days as required by the Interstate Agreement on Detainers.

Amicus brief in N.J. Supreme Court addressing whether Erazo's statements to detectives were made knowingly, intelligently, and voluntarily.

Amicus brief for ACDL-NJ regarding whether the jury charge on N.J.S.A. 2C:35-3, leader of a narcotics trafficking network, adequately instructs the jury on the element of that offense that the defendant must be a “high level” member of the network.

Amicus brief for ACDL-NJ regarding whether officers have reasonable and articulable suspicion to stop the vehicle based on the owner’s license being suspended.

Amicus brief addressing whether a two-step interrogation where police obtained a statement then Mirandized Bullock, then obtained a second statement should result in suppression of the statements.

Amicus brief regarding whether evidence about past internal affairs investigations into the police officer who shot defendant were relevant, whether defendant’s prior convictions were admissible under N.J.R.E. 609, and whether testimony by a detective who was not present at the scene that the dash-cam video appeared to show a firearm in defendant’s waistband was admissible under N.J.R.E. 701.

Amicus brief in N.J. Supreme Court addressing whether a jury must render a unanimous verdict as to which theory of self-defense it rejected, or whether a unanimous verdict can stand even if jurors reach that verdict for different reasons.

Amicus brief in N.J. Supreme Court addressing the appropriate standard to evaluate the admissibility of expert evidence under N.J.R.E. 702, generally, and whether the testimony of a trained Drug Recognition Expert can be relied on in court.

Amicus brief in N.J. Supreme Court addressing whether a person with a prior conditional discharge for a marijuana offense is eligible for the Pre-Trial Intervention program in light of the fact that the new Cannabis Regulatory, Enforcement, Assistance and Marketplace Modernization Act automatically expunged low-level marijuana convictions.

Amicus brief for ACDL-NJ regarding whether, under the circumstances of this case, the State could be compelled to obtain and produce an alleged sexual assault victim’s mental health records for an in camera review by the trial court.

Amicus brief in N.J. Supreme Court arguing that the trial court should have instructed jury in a murder trial on lesser offense of passion/provocation manslaughter.

Amicus brief in N.J. Supreme Court addressing whether COVID-19 pandemic restrictions override the right to a speedy trial.

Amicus brief addressing whether the “no-new-arrest/no-new-charges” conditions of a negotiated plea should be allowed under New Jersey law.

Amicus brief in N.J. Supreme Court addressing whether the crime-fraud exception to the marital communications privilege should be applied retroactively.

Amicus brief in N.J. Supreme Court addressing whether mitigating factor fourteen – that the accused was under 26 years old at the time of offense – should be applied retroactively.

Amicus brief in N.J. Supreme Court addressing when the clock starts to run on a statute of limitations.

Amicus brief in N.J. Supreme Court addressing how many times a defendant can be charged with leaving the scene of an accident when there are multiple fatalities.

Amicus brief in N.J. Supreme Court addressing when police officers’ conduct invalidates a defendant’s waiver of Miranda rights.

Amicus brief in N.J. Supreme Court addressing whether police officers need to disclose a reason for an arrest before reading suspects their Miranda rights.

Amicus brief in N.J. Supreme Court addressing when a defendant sufficiently invokes Miranda rights.

Amicus brief in N.J. Supreme Court addressing whether juvenile offenses count under the “Three Strikes Law.”

Amicus brief in N.J. Supreme Court case involving racial profiling.

Amicus brief in U.S. Supreme Court involving Sixth Amendment right to confront witnesses.

Amicus brief in N.J. Supreme Court addressing what is a “lookback period” and how it applies to juvenile offenders.

Amicus brief in N.J. Supreme Court addressing whether layperson testimony can be used to determine a child’s age when age is an element of the crime.

Amicus brief in N.J. Supreme Court addressing when can prior convictions be mentioned at trial.

Amicus brief addressing whether police can use evidence gathered during a search if they didn’t knock and announce first.

Amicus brief in N.J. Supreme Court addressing when a judge can enhance a defendant’s sentence based on alleged conduct for which the defendant was not convicted.

Amicus brief in N.J. Supreme Court addressing whether the Fourth Amendment should extend to an arrestee's phone call if neither party was aware they were being recorded.

Amicus brief in N.J. Supreme Court case involving pretexual reason police used to pull over cars.

Amicus brief in N.J. Supreme Court case in which defendant granted appeal where Court found implicit bias.

Amicus brief in N.J. Supreme Court on what constitutes "accomplice liability."

Amicus brief in N.J. Supreme Court addressing authority to create Newark Civilian Review Board.

Amicus brief on admissibility of cellphone video that rebutted detective's testimony and prosecutor's misconduct in making arguments that contradicted what the video depicts.

N.J. Supreme Court opinion is favorable to protecting the rights of criminal defendants and preserving the function of the grand jury.

Amicus brief in case involving the admissibility of Drug Recognition Experts (DRE) evidence.

Amicus brief in case regarding right of police officers to order passengers to exist vehicles during routine traffic stops.

Appeal on behalf of inmate challenging strip search policy of federal prison.

Amicus brief in N.J. Supreme Court addressing whether a defense attorney should be trusted with a victim’s personal information.

Amicus brief in N.J. Supreme Court addressing remarks in prosecutor’s opening statement.

As Designated Pro Bono Counsel obtained reversal of conviction in a case addressing whether failing to signal is enough to justify a traffic stop.

As Designated Pro Bono Counsel obtained reversal of conviction in a case addressing whether the identification testimony of multiple witnesses can be unfairly prejudicial.

Amicus brief in N.J. Supreme Court addressing whether the crime-fraud exception to the marital communications privilege should be applied retroactively.

Amicus brief addressing whether the "Shield Law" applies to bloggers.

Lawsuit against school district that suspended students for posting pictures on social media.

Amicus brief in defamation case involving application of the single publication rule to internet articles.

Amicus brief arguing statute which penalized the "habitual use of profane, indecent, or obscene language" in front of a child violated First Amendment.

Direct representation in a case addressing whether an online platform be completed to provide names of anonymous users.

Amicus brief in N.J. Supreme Court addressing whether a sexual act was nonconsensual under SASPA.

Direct representation addressing applicability of the Isolated Confinement Restriction Act to a transgender woman. 

Amicus brief in case regarding invasion of privacy when cameras were surreptitiously placed in workplace bathroom.

Amicus brief regarding whether evidence about past internal affairs investigations into the police officer who shot defendant were relevant, whether defendant’s prior convictions were admissible under N.J.R.E. 609, and whether testimony by a detective who was not present at the scene that the dash-cam video appeared to show a firearm in defendant’s waistband was admissible under N.J.R.E. 701.

Amicus brief addressing whether the County Prosecutor's Association of New Jersey Should be subject to the N.J. Open Public Records Act.

Amicus brief in N.J. Supreme Court case involving OPRA request for names and addresses of dog-license holders.

Amicus brief in case regarding standards for conflicts of interest in local planning board.

Lawsuit and appeal regarding right of non-citizens to file OPRA requests.

Amicus brief in OPRA case seeking names and addresses of winning bidders at public auction.

Lawsuit seeking access to Newark's bid for Amazon's Second Headquarters (Amazon HQ2).

Appeal regarding whether a public agency may sue an OPRA requestor.

Appeal resulting in decision that trial courts have authority to impose willful violation penalties in OPRA cases.

Amicus brief in N.J. Supreme Court case addressing whether immigration status can be used to determine a pre-trial detention decision.

Appeal of Final Order of Deportation involving violation of constitutional and statutory rights.

Represented requestor in N.J. Supreme Court case establishing right to obtain police internal affairs reports under common law.

Represented requestor in N.J. Supreme Court case holding that the County was obligated under OPRA to disclose a settlement agreement with a former corrections officer.

Amicus brief in case regarding prompt access to meeting minutes under OPMA.

Amicus brief in N.J. Supreme Court case addressing the application of plaintiff Gannett Satellite Information Network, LLC for an award of attorneys’ fees arising from its common law right of access claim to Internal Affairs files pertaining to a former Neptune Township police officer.

Amicus brief addressing whether the County Prosecutor's Association of New Jersey Should be subject to the N.J. Open Public Records Act.

Represented requestor in N.J. Supreme Court case establishing right to obtain police internal affairs reports under common law.

Represented requestor in N.J. Supreme Court case holding that the County was obligated under OPRA to disclose a settlement agreement with a former corrections officer.

Landmark decisions upholding Attorney General’s Directives that require the disclosure of the names of law enforcement officers who receive major discipline.

On July 7, 2020, CJ Griffin Director of the Justice Gary S. Stein Public Interest Center at Pashman Stein Walder Hayden (PSWH) filed a friend-of-the-court brief. 

Landmark decisions regarding access to police records.

Lawsuit regarding whether the NJSPCA was a "public agency" subject to OPRA.

Represented requestor in case involving public access to internal affairs report.

Represented requestor in case involving disclosure of the names of police officers involved in fatal shootings.

Represented requestor seeking name of State Police Trooper who had been disciplined and reason for separation.

Represented a requestor seeking redacted use of force police report.

Amicus brief addressing whether the N.J. State Parole Board may impose a condition that mandates enrollment at a residential treatment program for adults who are entitled to administrative parole release under the recently-enacted Earn Your Way Out Act.

Amicus brief in N.J. Supreme Court addressing whether the Compassionate Release Act ("CRA"), enacted in 2020, gives judges discretion to deny compassionate release to inmates who satisfy the statute’s medical and public safety requirements.

Amicus brief in N.J. Supreme Court addressing whether the Parole Board’s discretionary power is unlimited.

Appeal on behalf of inmate challenging strip search policy of federal prison.

Amicus brief in N.J. Supreme Court case involving racial profiling.

Amicus brief in N.J. Supreme Court case involving pretexual reason police used to pull over cars.

Amicus brief in N.J. Supreme Court case in which defendant granted appeal where Court found implicit bias.

Lawsuit challenging racial segregation in New Jersey's public schools.

Amicus brief for ACDL-NJ regarding whether officers have reasonable and articulable suspicion to stop the vehicle based on the owner’s license being suspended.

Lawsuit challenging racial segregation in New Jersey's public schools.

Amicus brief in case involving distribution of Spanish language ballots.