State of New Jersey, Plaintiff-Respondent v. Daniel Obstein, Defendant-Appellant

Summary

The Supreme Court of New Jersey reversed the trial court’s denial of bail for Daniel Obstein and vacated the order compelling a psychiatric examination. The Court held that an ex parte affidavit may not be used to deny bail without allowing the defendant to cross‑examine the affiant, and that a psychiatric exam cannot be forced when the defendant has not raised an insanity or mental‑condition defense, as it violates the Fifth Amendment. The matter was remanded for a new bail hearing consistent with the Konigsberg test.