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STATE v. PRESLEY

DOCKET NO. A-4816-12T2DOCKET NO. A-4816-12T2

94 A.3d 921 (2014)

436 N.J. Super. 440

STATE of New Jersey, Plaintiff-Respondent, v. Calvin PRESLEY, Shilyre Collins, and Madeline Sanchez, Defendants-Appellants, and Elise Mintzer and Garret Lardiere 2nd, Defendants. State of New Jersey, Plaintiff-Respondent, v. Calvin Presley, Darlene Ott, Andrea Dekker and Christopher Clark, Defendants-Appellants.

Superior Court of New Jersey, Appellate Division.

Decided July 17, 2014.

Attorney(s) appearing for the Case

John P. Reilly argued the cause for appellant Calvin Presley.

Joseph E. Krakora , Public Defender, attorney for appellants Shilyre Collins and Darlene Ott, joins in the brief of appellant Calvin Presley.

Michael H. Schreiber , Linwood, attorney for appellants Andrea Dekker and Madeline Sanchez, joins in the brief of appellant Calvin Presley.

Glenn D. Kassman , attorney for appellant Christopher Clark, joins in the brief of appellant Calvin Presley.

Roberta DiBiase , Senior Assistant Prosecutor, argued the cause for respondent ( Joseph D. Coronato , Ocean County Prosecutor, attorney; Samuel J. Marzarella , Supervising Assistant Prosecutor, of counsel; Ms. DiBiase and Nicholas Norcia , Assistant Prosecutor, on the brief).

Before Judges FISHER, ESPINOSA and O'CONNOR.

The opinion of the court was delivered by

ESPINOSA, J.A.D.

In State v. McCann, 391 N.J.Super. 542, 919 A.2d 136 (App.Div.2007), we announced a prospective "bright-line rule" that called for invalidating search warrants issued by a judge who was bound to recuse himself or herself based on a prior relationship. Defendants here ask us to apply that rule to invalidate search warrants...

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