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Wednesday, July 19, 2017

State v. S.S. (A-84-15

State v. S.S. (A-84-15; 077486)
          After a careful reappraisal of Diaz-Bridges, the Court
          now holds that the non-deferential standard articulated
          in that case is at odds with traditional principles
          limiting appellate review.  An appellate court
          ordinarily should defer to a trial court’s factual
          findings, even when those findings are based solely on
          its review of a video recording.  Deference, however, is
          not required when the trial court’s factual findings are
          clearly mistaken.  Here, sufficient credible evidence in
          the record supports the factual finding that defendant
          invoked his right to silence during the interrogation.