NJ Appellate Law Blog – NJ Appellate Lawyer Bruce D. Greenberg blogs about Appeals and Appellate Law Practice

Which Should Come First in a Criminal Case Involving a Juvenile Sought to be Tried as an Adult: A Suppression Motion in the Family Part or Waiver to the Criminal Part?

State in the Interest of E.S., ___ N.J. Super. ___ (App. Div. 2021). Judge Sabatino concisely posed the purely legal issue presented on this appeal: "This interlocutory appeal presents an...

A Portion of the Terroristic Threats Statute is Held to be Unconstitutional

State v. Fair, ___ N.J. Super. ___ (App. Div. 2021). Here is how Judge Fisher began his opinion for the Appellate Division in this matter: "Defendant was charged in a...

The Municipal Vacancy Act, The Status of Real Estate Salespeople, And a Miranda Warnings Case Come Before the Supreme Court

The Supreme Court announced that it has granted review in three new cases. In two of those matters, the Court granted certification. The third is before the Court on leave...

A Criminal Case Involving Multiple Rules of Evidence Comes Before the Supreme Court

The Supreme Court announced that it has granted certification in State v. Higgs. The question presented, as phrased by the Supreme Court Clerk's office, is "Was evidence about past internal...

2019 Amendment to the Breathalyzer Refusal Statute Does Not Apply Retroactively

State v. Scudieri, ___ N.J. Super. ___ (App. Div. 2021). Whether statutory amendments apply retroactively or prospectively is a recurring issue in the courts. This opinion by Judge Natali addresses...

A Mitigating Factor in Sentencing, and the "Rescue Doctrine," Come Before the Supreme Court

The Supreme Court announced that it has granted certification in two more cases. The Court has accelerated and set a peremptory briefing schedule in one of those cases, State v....

Two More Criminal Cases for the Supreme Court

The Supreme Court announced that it has granted certification in two more criminal cases. Both are homicides. In State v. Derry, which actually involves two consolidated cases, the question presented,...

The Supreme Court Will Reconsider Its 3-3 Decision in State v. Lodzinski, with Judge Fuentes Added as a Seventh Jurist

State v. Lodzinski, 248 N.J. 451 (2021). In an extraordinary development, the Supreme Court has granted defendant's motion for reconsideration in this long-running, closely-watched murder case. Since Chief Justice Rabner...

The Supreme Court Takes Up a Compassionate Release Case

The Supreme Court announced today that it has granted certification in State v. F.E.D. The question presented, as phrased by the Supreme Court Clerk's office, is "Was defendant eligible for...

Published Opinions From New Jersey's Appellate Courts This Week

Catching up with our appellate courts, here are summaries of the three published opinions (two by the Supreme Court and one by the Appellate Division, in addition to the COVID...

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The Supreme Court Takes Up a Paramedics Immunity Case

The Supreme Court announced late yesterday that it has granted certification in Almonte v. Township of Union. The question presented, as phrased by the Supreme Court Clerk's office, is "Under the circumstances presented, are the paramedics entitled to immunity because they provided advanced life support services "in accordance with this act" as required by N.J.S.A. 26:2K-14, specifically, N.J.S.A. 26:2K-10(a), which requires that the paramedic "maintains direct voice communication with and is taking orders from a licensed physician or physician directed registered professional nurse"?...

Three Big Decisions From the Supreme Court

Last week was an eventful one in the Supreme Court. The Court ruled in three appeals, all in closely watched cases. They are summarized here in reverse chronological order....

Two OPRA Cases and a Municipal Land Use Law Case for the Supreme Court

The Supreme Court announced that it has granted review in three new matters. All three involve grants of certification, but one also is an appeal as of right due to a relatively rare dissent in the Appellate Division....

The Third Circuit Returns to New Jersey Appellate Law Blog

When this blog began, in October 2010, it covered goings-on in the Supreme Court of New Jersey, the Appellate Division, and the Third Circuit Court of Appeals, with occasional posts about the Supreme Court of the United States. That continued for many years. More recently, however, it became too difficult to keep up with all of those three courts, and coverage of the Third Circuit disappeared virtually entirely. But since the Supreme Court and the Appellate Division have not published many decisions recently (a circumstance that is certain to change shortly), this blog will resume covering the Third Circuit at least on occasion, beginning today....