Prisoners and Federal Civil Litigation

Repeal by implication is disfavored. Here, the Prisoners Litigation Reform Act does not repeal by implication Federal Rule of Civil Procedure 20. Accordingly, prisoners are not precluded from permissive joinder. Hagan v. Rogers (3rd Cir. 2009).

Standing - Right to Remain Silent

I blogged once before about standing here. That post dealt with standing under the New Jersey Constitution to suppress evidence seized during an unlawful search.

This post relates to standing to suppress statements.

The New Jersey privilege against self-incrimination, derived from state common law, is broader than the Fifth Amendment. But standing here is in lockstep with federal law.

Unlike search and seizure, standing to object to statements is strictly a personal right. State v. Baum.