NJ: Codefendant’s appeal not law of the case; parties get to argue their own cases

The decision in a co-defendant’s separate appeal on a search and seizure question is not “law of the case” as to another defendant’s appeal. The law of the case doctrine requires the same parties, and it would offend due process to deny this defendant the opportunity to argue his own appeal and make his own argument, even though the facts and record are the same. The case is remanded to the Court of Appeals to decide the case on the merits. State v. K.P.S., 2015 N.J. LEXIS 381 (April 22, 2015) (see § 60.54 of the Treatise).

Defendant was stopped in a high crime area where a group was on a corner, and one of them jaywalked against the light. The officers stopped, and the conversation devolved into how “unfair” it was. The court concludes that defendant was seized when he was patted down, and the trial court erroneously denied the motion to suppress. A knife was found, and that led to a carrying a weapon charge. State v. Norton, 270 Or. App. 584 (April 22, 2015).*