4/5/13, In State v Cahill, a Speedy Trial case I argued before the Supreme Court, the court just upheld the dismissal of a DWI for failure of the municipal court to list the case for 17 months after downgrade from the county. The Court used the 4 factor test of Barker v Wingo, declining to revamp NJ law on the issue.

Jeff Gold

State v Gomez published today 4/5/13:  “To summarize our conclusions, a trial court may exercise its inherent authority consistent with due process to issue a subpoena or an order for a victim or a witness to attend a non-invasive physical or mental examination. Such a discovery order should be issued rarely, only upon a showing by the defendant of a compelling or substantial need for the examination. Defendant must demonstrate that comparable evidence is not available through another source, and that the benefit to the defendant clearly outweighs the hardship or inconvenience to the victim or the witness. Normally, any punishment for refusal should not fall upon the victim, but consequences can be imposed upon the State. Finally, any such order should include provisions to avoid any expense to the victim and to minimize other monetary loss or inconvenience.”

Jeff Gold 

In State v Gibson the court held that a trial court may not incorporate the testimony from a motion to suppress evidence into a trial without the consent of the parties. The result here was the required acquittal of a DWI where no evidence was taken beyond that at the motion to suppress which was heard before trial and not incorporated by consent.
Jeff Gold