Supervised Release Revocation & Due Process

Hearsay is not admissible in supervised release revocation hearings unless the government shows good cause to deny the releasee's Due Process right to cross-examine adverse witnesses.
To determine good cause, hearing officers must consider:
  1. the reliability of the hearsay, and
  2. the cause why the witness is not produced.
United States v. Lloyd (3rd Cir. 2009).

Gang Violence and Criminal Law

This case involves the VICAR statute and addresses:
  1. voir dire as related to Fifth Amendment due process and Sixth Amendment impartial jury rights,
  2. proof of guilt beyond a reasonable doubt,
  3. federal rules of evidence 401 and 403, and
  4. sentencing.
United States v. Preston Jones a.k.a. Death (3rd Cir. 2009).

Malicious Use of Process

The elements of the common law tort malicious use of process are:
  1. filing a complaint,
  2. without probable cause,
  3. that was actuated by malice,
  4. that terminated in favor of the party now seeking relief,
  5. that caused the party now seeking relief to suffer a special grievance.
LoBiondo v. Schwartz.

Rational Basis Review - "Lovely as a Tree?"

This case presents another Big Government Bonanza, subjecting private property owners to yet another regulation.

Tree removal ordinance is valid exercise of police power because the details of the ordinance are rationally related to broad environmental goals.

Private property owners who remove a tree must either plant a new one on their private property or pay a fee to plant one on public property.

NJ Shore Builders Assoc. v. Twp. of Jackson.

Ex Post Facto Clause

The Ex Post Facto Clause prohibits:
  1. Every law that makes an action done before the passing of the law, and which was innocent when done, criminal; and punishes such action;
  2. Every law that aggravates a crime, or makes it greater than it was, when committed;
  3. Every law that changes the punishment, and inflicts a greater punishment, than the law annexed to the crime, when committed;
  4. Every law that alters the legal rules of evidence, and receives less, or different testimony, than the law required at the time of the commission of the offense, in order to convict the offender.
State v. Fortin.

Tender Years Hearsay Exception and Confrontation Clause

A child's statements to her mother as to a sexual assault fell within the tender years hearsay exception and did not violate the right of confrontation. State v. Coder.

Rules of Court - Personal Jurisdiction

This case illustrates the ins-and-outs of civil procedure as prescribed by the Rules of Court. NJ Cure v. Estate of Robert Hamilton.

Malicious Prosecution

The elements of the cause of action for malicious prosecution are (1) the criminal action was instituted by the defendant against the plaintiff, (2) it was actuated by malice, (3) there was an absence of probable cause for the proceeding, and (4) it was terminated favorably to the plaintiff. Brunson v. Affinity Fed. Credit Union.