340:, the court ruled 5–2 to uphold the laws then in effect in 10 of the state's 21 counties restricting sales of certain products on Sundays. Handler and Pashman were the only dissenters, with Pashman saying that the law fails the too-frequently ignored "test of common sense" and that it improperly grants government the right to tell people what to do "for their own good."
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to go free with a time-served sentence. Smith had been convicted of the 1957 murder of a 15-year-old cheerleader and was sentenced to death. However, in 1971 a federal judge vacated the conviction and sentence, holding that Smith's post-arrest statement/confession had been coerced and had to be
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be sent to jail for refusing to turn over notes to the defense attorney. When Farber was about to be jailed, his attorneys filed for an emergency stay on a weekend and
Pashman arrived in his golfing attire to grant the stay. When the full court heard the case the next day, Pashman was the only
187:. On the New Jersey Supreme Court, Pashman issued opinions in two major murder cases, advocated for the equal citizenship rights of the mentally handicapped and was one of the few dissenting votes objecting to the jailing of a reporter who refused to turn over his notes in a murder case.
218:
After spending time in private practice, Pashman was named in 1946 to serve in
Passaic on its police court, and later on its municipal court. Elected Mayor of Passaic in 1951, he served until 1955 and then served as city commissioner and director of revenue and finance.
426:. Accessed May 15, 2022. "Associate Justice Morris Pashman was born in Passaic on Sept. 27, 1912. He was graduated from Passaic High School, New York University, University of Michigan and New Jersey Law School (Rutgers University), where he received his LL.B. in 1935."
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failed the "hard-core pornography test," noting that the "book may be well-written but still obscene." The decision was overturned, and
Pashman would later call his actions in the case an "aberration," saying that "I think every judge or justice is entitled to one."
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excluded at retrial. The State prosecutor was concerned that without that critical evidence the case was significantly weakened and agreed to allow Smith to plead guilty to second-degree murder with time served (14 years).
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dissenter as the court upheld the lower court ruling and ordered that Farber serve time in jail. When the court reaffirmed the lower court action in a decision in
September 1978, Pashman and fellow Justice
541:. "He worked until about 10 days ago, chairing a state Supreme Court advisory committee on judicial conduct the day before he took ill. He died at Columbia Presbyterian Hospital in New York."
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was obligated to replace the county courthouse due to inadequate conditions in the building. A new building was constructed within four years of the order.
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at age 87 on
October 3, 1999. He was survived by a daughter, a son, four grandsons, and three great-grandchildren.
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506:"Jersey's High Court Upholds Blue Law; Prohibition on Some Sunday Sales in Effect in 10 of 21 Counties."
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446:"Morris Pashman, Influential Jurist, Dies at 87; Tireless Worker Shaped Decisions in Key N.J. Cases."
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who continued his work in the legal profession until days before his death, Pashman died at
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484:"Cahill Names Two Justices And Supreme Court Chief; Nominees Praised 2 Meyner Nominees"
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in New Jersey, calling the book "sufficiently obscene to forfeit the protection of the
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465:"Fanny Hill' Sale Banned in Jersey; Judge Rules Its Obscenity 'Forfeits' Protection"
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402:"Morris Pashman, 87, Champion of Free Speech on New Jersey's Highest Court"
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in 1961. He became the assignment judge for
Passaic County in 1965 and for
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Bar
Association, Pashman's decision stated that the Passaic County
175:(September 27, 1912 – October 3, 1999) was a justice of the
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Pashman reached the mandatory retirement age of 70 in 1982.
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In 1971 Judge
Pashman agreed to a plea bargain that allowed
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In a 1964 decision, Pashman upheld Bergen County prosecutor
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In another 1978 case, this on challenging New Jersey's
420:
History of the
Justice Morris Pashman Inn of Court
549:
529:"Morris Pashman, justice on state Supreme Court"
537:, October 5, 1999. Accessed May 15, 2022, via
473:, December 8, 1964. Accessed October 20, 2009.
410:, October 10, 1999. Accessed October 19, 2009.
454:, October 4, 1999. Accessed October 19, 2009.
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598:Justices of the Supreme Court of New Jersey
568:20th-century mayors of places in New Jersey
299:named Pashman to serve as a justice of the
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227:After two years on Passaic County Court,
271:In a 1966 ruling in a case filed by the
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357:Columbia-Presbyterian Medical Center
310:In the 1978 "Dr. X" murder trial of
199:on September 27, 1912, and attended
603:Rutgers School of Law–Newark alumni
261:First Amendment of the Constitution
249:'s decision to ban the sale of the
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303:in April 1973 to replace Justice
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593:People from Clifton, New Jersey
369:List of Jewish American jurists
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608:University of Michigan alumni
578:New Jersey state court judges
573:Mayors of Passaic, New Jersey
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179:, and before that a judge on
613:20th-century American judges
213:Rutgers School of Law—Newark
185:Mayor of Passaic, New Jersey
89:Mayor of Passaic, New Jersey
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277:Board of Chosen Freeholders
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588:Passaic High School alumni
583:New York University alumni
451:The Record (Bergen County)
333:were the only dissenters.
318:had ordered that reporter
47:April 1973 – 1982
236:New Jersey Superior Court
181:New Jersey Superior Court
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35:New Jersey Supreme Court
424:American Inns of Court
229:Governor of New Jersey
209:University of Michigan
203:, before moving on to
191:Early life and career
463:Waggoner, Walter H.
211:. He graduated from
195:Pashman was born in
353:Clifton, New Jersey
205:New York University
201:Passaic High School
121:Passaic, New Jersey
511:The New York Times
489:The New York Times
482:Sullivan, Ronald.
470:The New York Times
407:The New York Times
325:The New York Times
316:Theodore Trautwein
161:Rutgers Law School
118:September 27, 1912
82:Marie L. Garibaldi
534:Asbury Park Press
492:, April 19, 1973.
399:Honan, William H.
312:Mario Jascalevich
297:William T. Cahill
234:appointed him to
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133:(1999-10-03)
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77:Succeeded by
53:Appointed by
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563:1999 deaths
558:1912 births
284:Edgar Smith
65:Preceded by
552:Categories
375:References
265:Fanny Hill
256:Fanny Hill
156:Alma mater
149:Republican
338:Blue Laws
295:Governor
242:in 1966.
215:in 1936.
101:1952–1955
97:In office
43:In office
363:See also
314:, Judge
207:and the
197:Passaic
123:, U.S.
347:Death
253:book
523:via
183:and
128:Died
115:Born
322:of
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