Criminal Justice Appellate Advocacy

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.