Legal Opinion

State v. Pinkston

Supreme Court of New Jersey

Decided June 14, 2018No. A–22 September Term 2017; 080118PublishedCited by 16 opinions

1Opinion of the CourtChief Justice Rabner

*115**499The Criminal Justice Reform Act (CJRA) provides that defendants "shall be afforded an opportunity ... to present witnesses" at pretrial detention hearings. N.J.S.A. 2A:162-19(e)(1). In this appeal, we consider whether the provision allows a defendant to compel an adverse witness to testify at a detention hearing. We find that the CJRA-like the federal and D.C. laws on which it is based in part-provides defendants a qualified right to summon adverse witnesses.

There are two components to a detention hearing. If no indictment has been returned, the State must present proof of probable…

2Cases cited17 opinions

  1. Illinois v. GatesSupreme Court of the United States · 1983
  2. District of Columbia v. WesbySupreme Court of the United States · 2018
  3. United States v. EdwardsDistrict of Columbia Court of Appeals · 1981
  4. State v. S.S.Supreme Court of New Jersey · 2017
  5. State v. SmithSupreme Court of New Jersey · 1960

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3Cited by16 opinions

  1. In re Petition of Acorn Energy Solar 2, LLC (Therese Holmes and Timothy Holmes, Appellants)Supreme Court of Vermont · 2021
  2. State v. CarrollNew Jersey Superior Court Appellate Division · 2018
  3. CLARENCE HALEY VS. BOARD OF REVIEW (BOARD OF REVIEW, DEPARTMENT OF LABOR)New Jersey Superior Court Appellate Division · 2020
  4. Delaware River Joint Toll Bridge Commission v. George Harms Construction Co., Inc.Supreme Court of New Jersey · 2024
  5. In re HarrisCalifornia Supreme Court · 2024

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