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Edward Ronald Ates v. Gurbir Grewal, Attorney General of New Jersey, et al.

Paid petition · United States Court of Appeals for the Third Circuit, No. 18-2232 · judgment November 7, 2018


Certiorari denied · May 20, 2019
Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

l. Is the New Jersey Wiretap Statute, N.J.S.A. 2A: 156A-l et seq., unconstitutional because it permits law enforcement to intercept phone calls (both cell phone calls and land line calls) placed by and received by out-ofstate individuals who have no connection to New Jersey, without the knowledge of or the authority from a tribunal in the jurisdiction where such telephones are registered? II. Was the Remedy, which was to suppress a privileged telephone call and all subsequent calls, imposed by the Trial Court for the illegally intercepted attorney-client privileged telephone call inadequate, in light of the fact that trial defense strategy was discussed during the improperly intercepted privileged telephone call?

Counsel of record

For petitioner
Joseph Reinhart Donahue
Brickfield & Donahue

For respondent
Catherine A. Foddai
Bergen County Prosecutor's Office

Case

Conference history
Distributed for 1 conference

Proceedings

  1. May 20 2019
    Petition DENIED.
  2. Apr 30 2019
    DISTRIBUTED for Conference of 5/16/2019.
  3. Apr 23 2019
    Waiver of right of respondents Gurbir Grewal, Attorney General of New Jersey to respond filed.
  4. Apr 16 2019
    Petition for a writ of certiorari filed. (Response due May 20, 2019)