New Jersey Supreme Court Will Allow Access to Internal Affairs Files in Criminal Matters
State v. Andre Higgs (A-28-21) (085863) Argued October 24, 2022 -- Decided March 30, 2023 PIERRE-LOUIS, J., writing for a unanimous Court.
The New Jersey Supreme Court recently prescribed a framework for trial courts to assess requests for access to internal affairs records and provides guidance for the application of that is to be used in accessing the request. As in the case before them dealt with a discharge of an officer’s his firearm first, the Court found that defense counsel could potentially be allowed to explore the officer’s history of past shootings on cross-examination. Defendant would be entitled to access the internal affairs file as outlined in the Court’s opinion, and that evidence may be used to cross-examine the officer.