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This is part of the problem in NJ. The arrogant assumption that we have no rights except those which the state deigns to give us.
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Go back and listen starting at the 50-minute mark. The judges seem to disagree. The court hammered the state's attorney pretty hard, and the judges' questions showed they'd done some research beforehand.
The attorney seemed unprepared to answer several key questions the judges seem concerned with, but giving her a chance to file a supplemental brief seems more a courtesy than an expectation of results.