Court Does About-Face on Appellate Review of Evidentiary Rulings
In a rare self-reversal, the New Jersey Supreme Court has overturned its five-year-old ruling that permitted appeals courts judges to use their own judgment in reviewing decisions made by trial judges regarding the admissibility of evidence in criminal trials.
June 21, 2017 at 06:11 PM
4 minute read
In a rare self-reversal, the New Jersey Supreme Court has overturned its five-year-old ruling that permitted appeals courts judges to use their own judgment in reviewing decisions made by trial judges regarding the admissibility of evidence in criminal trials.
The court on Wednesday issued a unanimous decision, State v. S.S., overturning its 2012 decision in State v. Diaz-Bridges, which had been decided by a bare 3-2 margin.
In Diaz-Bridges, the majority ruled that an appeals court could overturn a trial judge's evidentiary ruling if it was made privy to the same evidence.
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