Supreme Court of New Jersey

State of New Jersey, Plaintiff-Respondent v. Noah Mosley, A/k/a Nubee Outuuqcio, Nubee Buckuoutuuqcio, and Noah Moseley

March 6, 2018232 N.J. 169

Summary

The Supreme Court of New Jersey reversed the Appellate Division and held that the trial court erred in admitting hearsay testimony at the probation‑violation hearing, thereby violating the defendant's due‑process and confrontation rights. The Court adopted a balancing test, based on the Walker factors, to determine the reliability of hearsay in VOP proceedings. Justice Albin filed a concurring opinion agreeing with the judgment but arguing that the Rules of Evidence should generally apply. The decision does not address the Amicus‑raised Apprendi sentencing issue.