A Criminal Case Involving Multiple Rules of Evidence Comes Before the Supreme Court

The Supreme Court announced that it has granted certification in State v. Higgs. The question presented, as phrased by the Supreme Court Clerk’s office, is “Was evidence about past internal affairs investigations into the police officer who shot defendant relevant, were defendant’s prior convictions admissible under N.J.R.E. 609, and was the testimony by a detective who was not present at the scene that the dash-cam video appeared to show a firearm in defendant’s waistband admissible under N.J.R.E. 701?” In an unpublished opinion by a three-judge panel, the Appellate Division upheld defendant’s conviction, rejecting his arguments about the Law Division’s decisions regarding the admission or exclusion of evidence. Now the Supreme Court will review the case.