5/4/12. In State v Locascio, the App Div. today revered a death by auto where the Medical Examiner supplied the crucial testimony as to who (he guessed) was driving.

The Court found that “testimony by such a medical
examiner as to the identity of the driver must be strictly
confined to the areas of that examiner’s expertise as to the
nature and causes of bodily injuries. …Although it was permissible for the medical examiner to testify in certain respects about the physical forces that
caused the boyfriend’s fatal injuries, it was improper for him
to render opinions about the probable movements of the occupants
within the car as it decelerated and crashed, including an
analysis of how the passenger’s body allegedly “cushioned” the
driver’s body during the accident. Because such improper
opinions, admitted over defense counsel’s objections, addressed
the crucial disputed issue at the trial, we reverse defendant’s
conviction and remand for a new trial.”

Jeff Gold

The Court this week has issued a memo prohibiting judges from teaching for the myriad of “for profit” CLEs that have sprung up since MCLE was instituted. However, teaching for non-profit CLEs such as NJ-ICLE is not effected. As such, I am glad to report that “DWI Update”, and therefore you, will continue to benefit from the perspective of some of the State’s finest jurists. 

The Supreme Court approved a Municipal Court Trial Certification last year and today announced the formation of the requisite Municipal Court Certification Committee which will oversee the application and examination process.