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Thursday, July 22, 2021

E614 Newsletter

 

E614 News
1. Recent cases Lewd gestures to home camera could be violation of TRO State v EJH
2. In new science such as DNA, defendant can have scientific evidence such as machine software source code. State v Pickett
3.  Youtube Videos
4. Spring 2021 Law Clerk Photos
1. Recent cases Lewd gestures to home camera could be violation of TRO State v EJH
In this appeal, the court considers whether words and gestures directed to a domestic violence complainant, by way of a consensually-activated home security camera, violated the strictures of the restraining order issued under the Prevention of Domestic Violence Act (Act), N.J.S.A. 2C:25-17 to -35. Although the restraining order did not expressly prohibit defendant from directing remarks to – or making gestures at – his estranged wife via the home security camera, the order expressly prohibited defendant from "having any oral" or "electronic, or other form of contact or communication with [her]." Because defendant directed his comments and gesture to his estranged wife, by way of a camera that was specifically activated so that she could observe his parenting time, defendant was aware of the high probability that she would hear his comments and observe his lewd gesture. Accordingly, this court vacated the trial judge's order and remanded for reinstatement of the complaint. (A-4228-19T)
2. In new science such as DNA, defendant can have scientific evidence such as machine software source code. State v Pickett
In this case of first impression addressing the proliferation of forensic evidentiary technology in criminal prosecutions, this appeal required the court to determine whether defendant is entitled to trade secrets of a private company for the sole purpose of challenging, at a Frye hearing, the reliability of science underlying novel DNA analysis software and expert testimony. Frye v. United States, 293 F. 1013 (D.C. Cir. 1923). At the hearing, the State produced an expert who relied on his company's complex probabilistic genotyping software program to testify that defendant's DNA was present, thereby connecting defendant to a murder and other crimes. So long as the State utilized the expert, this court held that defendant is entitled to the discovery of the software's proprietary source code and related documentation under a protective order. (A-4207-19T4)
3.  Youtube Videos
2021 Annual Update Wills & Estate Planning
2021 Annual Update Wills & Estate Planning
Legal Amounts for Marijuana
Legal amounts for Marijuana
The Odor of Marijuana by Itself No Longer Establishes Reasonable Articulable Suspicion
The odor of marijuana by itself no longer establishes reasonable articulable suspicion
Special Rules on Pot for Persons Under the Age of 21
4. Spring 2021 Law Clerk Photos
Law Clerk Ajae Alvarez-Tyler of Rutgers Universit
Law Clerk Elena Lobo of Rider University with Kenneth Vercammen
Law Clerk Nya Aning of Rutgers University