Kenneth Vercammen & Associates, P.C.
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Tuesday, November 22, 2022

State Of New Jersey In The Interest Of E.S.

The Court agrees with the Appellate Division that the trial court did not abuse its discretion in deciding to hear the defendant’s waiver motion before considering his suppression motion. The Court declines, however, to adopt a preference that the Family Part hear suppression motions before waiver motions, holding instead that it is within the discretion of the Family Part to determine its schedule of proceedings and manage its calendar. The Court sets forth factors that Family Part judges should take into consideration in exercising their discretion as to the order in which to hear waiver and suppression motions.