Recent cases:
1. Wife posting video asking for assistance to obtain Jewish get was not harassment under DV law
2. State had an affirmative duty to gather and disclose any relevant Brady/Giglio material from State's testifying witnesses
3. Driver guilty here of NJ unlicensed driver even with old Brazilan DL
4. Upcoming fun charity races
1. Wife posting video asking for assistance to obtain Jewish get was not harassment under DV law S.B.B. VS. L.B.B.
In this matter, the court considered whether defendant's act of making and disseminating a video accusing her estranged husband of improperly withholding a get, a Jewish bill of divorce, and asking community members to "press" her husband to deliver the get constituted the predicate act of harassment, in violation of N.J.S.A. 2C:33-4(a), to justify the issuance of a final restraining order under the Prevention of Domestic Violence Act (PDVA), N.J.S.A. 2C:25-17 to -35. The court held that defendant's communication was protected by the Free Speech Clause of the First Amendment and the New Jersey Constitution and did not fall into any of the narrow exceptions—incitement to imminent violence or true threats—which would rob it of its protected status. The court likewise concluded that because defendant's communication was not impermissibly invasive of plaintiff's privacy and was animated by a legitimate purpose, the acquisition of a get, rather than a purpose to harass, it was not violative of the harassment statute. Lastly, the court held that plaintiff's allegation that there was a general tendency of violence toward get refusers in the Jewish community was inapposite because the claim was not supported by the record and because the theoretical possibility that a third party will commit a criminal act cannot render otherwise permissible speech unlawful. As a result, the court vacated the final restraining order entered against defendant. Unreported DOCKET NO. A-0305-21
2 State had an affirmative duty to gather and disclose any relevant Brady/Giglio material from State's testifying witnesses
State v. Burke Defendant appealed orders denying a forensic examination of the complainant's cellphone and discovery of complainant's employment and disciplinary records with the State Police in a quasi-criminal municipal court matter initiated by a civilian complainant. A verbal altercation developed between complainant and defendant. Police officer took statements about an ongoing property dispute. Complainant did not make any mention of traffic violations allegedly committed by defendant. Officer concluded the matter was a "civil issue" and no action was needed. A month later, complainant swore out a complaint against defendant for alleged traffic violations during the dispute. Defendant pled not guilty and requested discovery. Complainant only provided printed images of alleged traffic violations he recorded on his cellphone. State denied defendant's discovery requests as not relevant. Municipal judge entered a protective order barring discovery of complainant's records and employment information and forensic examination of the cellphone. Defendant appealed to the Law Division and State introduced an expungement order for the disciplinary and criminal records requested by defendant. Law Division denied defendant's request. Court reversed and remanded finding the records sought by defendant were relevant to impeachment evidence and State had an affirmative duty to gather and disclose any relevant Brady/Giglio material from State's testifying witnesses. Unreported Source Daily Briefing - 07-20-23
3.Driver guilty here of NJ unlicensed driver even with old Brazilan DL State v. Evangelista
Defendant appealed trial court's order after a trial de novo of his municipal conviction for driving without a license. Defendant, a Brazilian national residing in New Jersey, was charged with the unlicensed operation of a motor vehicle and other motor vehicle violations. With representation by counsel, defendant appeared via Zoom at a remote municipal court proceeding in which he pleaded guilty to violating N.J.S.A. 39:3-10 in exchange for dismissal of the remaining charges. Municipal court accepted the plea and sentenced defendant to thirty days in jail. Defendant appealed and obtained a trial de novo. Trial court upheld municipal court's decision and sentenced defendant to thirty days in jail. Defendant appealed, arguing municipal court applied an obsolete version of N.J.S.A. 39:3-10, he was not guilty because he was previously licensed in Brazil, his sentence was illegal, and the proceedings were flawed because no Portuguese translator was provided. Court affirmed. As amended in 2021, N.J.S.A. 39:3-10 might have made it easier for defendant, as an immigrant, to obtain a valid New Jersey driver's license, but the fact remained that defendant still had not done so on the date of his violation in October 2021. Defendant knew he was not permitted to drive in New Jersey with his Brazilian license because he had a prior conviction for the same infraction, for which he received jail time. Nor was defendant's sentence illegal. The statute provides that a driver who has never been licensed, in New Jersey or elsewhere, may only be punished with a fine, but defendant previously held a driver's license in Brazil. That made him eligible for imprisonment under N.J.S.A. 39:3-10. Defendant's sentence also was in keeping with his record of infractions and related factors. Finally, there was no flaw in the proceedings merely because Portuguese was defendant's first language. Neither defendant nor his counsel requested an interpreter or indicated defendant had difficulty communicating in English. . A-2481-21 Unreported source NJLJ 2023-07-26
4. Upcoming fun charity races
11/18 Manasquan Turkey Run 5-mile Sat 11am party at Leggett’s after race discount beer co-sponsor Wakefern Shoprite jsrc.org Manasquan Little League Field, Manasquan New Jersey https://runsignup.com/manasquanturkeyrun
11/27 Navesink Challenge 12k & 5k 10am 10:10 for 5k Post race at Red Bank elks[Ken V runs 5k] https://runsignup.com/Race/Register?raceId=38943
12/3 Jingle Bell 5k (Holmdel)
https://events.arthritis.org/index.cfm?fuseaction=register.start&eventID=1546
12/10 Toys for Tots 5K 10am Freehold NJ Tighe Park
https://www.farcnj.com/races/
NJSBA Hosts Chancery Judges, Clerks Attorney for Social Reception
The NJSBA welcomed dozens of the state's Chancery Division judges and their law clerks for a social reception at the New Jersey Law Center on Sept. 27. The judges introduced their clerks as they celebrated the start of a new term over food and drinks. Check out the photo album here.
