State v. W.A.
New Jersey Superior Court Appellate Division
1Opinion of the Court
DONOHUE, J.S.C.
*389This case presents the court with an issue of first impression in New Jersey. Namely, whether, after a defendant has been detained pretrial, a later defense attack on the State's detention hearing proffer can be sufficient to reopen the detention hearing.
The court finds that a defendant may not reopen a detention hearing in order to present more developed arguments to mount a late attack on the State's proffer regarding probable cause and the court's finding of probable cause, where the bases for those arguments were known to defendant at the time of the detention hearing. This…
2Cases cited15 opinions
- State v. HendersonSupreme Court of New Jersey · 2011
- United States v. Robert P. DelkerCourt of Appeals for the Third Circuit · 1985
- United States v. Antonio Jose Hurtado, Mark Anthony Olson, Diego Alonzo Flores-Soto, Hector Albert Rua and Jose Pita AndradeCourt of Appeals for the Eleventh Circuit · 1985
- United States v. Raymond J. PatriarcaCourt of Appeals for the First Circuit · 1991
- State v. BallSupreme Court of New Jersey · 1995
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