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

Virtual Grand Juries During the COVID-19 Pandemic Are Constitutional

State v. Vega-Larregui, 246 N.J. 94 (2021). The Supreme Court today unanimously ruled that virtual grand juries, a step occasioned by the COVID-19 pandemic, are constitutional. The Court's opinion, written...

A "Miranda Warnings" Case and a "New Business Rule" Case for the Supreme Court

The Supreme Court announced that it has granted review in two new cases. One of them implicates the warnings required under Miranda v. Arizona, 384 U.S. 436 (1966). The other...

A Bountiful Harvest for the Supreme Court: Seven New Cases

The Supreme Court announced that it has granted review in seven more cases. One of those, the only civil case, is before the Court on leave to appeal, while the...

Painting Over Lines on a Paved Street is Not "Obstructing" the Street

State v. Williams, ___ N.J. Super. ___ (App. Div. 2021). Defendant was convicted in Municipal Court for violating an ordinance that stated that "No person shall unnecessarily obstruct any...

Justice Pierre-Louis's First Opinion for the Court

State v. Outland, ___ N.J. ___ (2021). This unanimous ruling was the first opinion authored by Justice Pierre-Louis. It was a robbery case in which defendant, who had a prior...

Criminal Statute of Limitations and the Effect of DNA Testing: The Supreme Court Will Speak

The Supreme Court announced today that it has granted certification to review the Appellate Division's decision in State v. Thompson. The question presented, as phrased by the Supreme Court Clerk's...

Last Week

Late last week, the Supreme Court and the Appellate Division each issued two published opinions. Neither court has issued any published opinions this week (nor is either court slated to...

The Supreme Court Takes Two New Criminal Appeals and Agrees to Answer a Certified Question From the Third Circuit

The Supreme Court announced that it has granted review in three new cases. Two are criminal appeals and the third involves two questions certified by the Third Circuit. The Supreme...

Some Criminal Defendants Detained Pre-Trial Can Reopen Their Detention Hearings, the Supreme Court Says

In re Request to Release Certain Pretrial Detainees, 245 N.J. 218 (2021). This matter arose out of a motion filed by the Office of the Public Defender and the American...

Getting Current With the Appellate Division

The past few days have been especially busy ones in my practice. The Appellate Division has likewise been quite busy issuing published opinions as January turned to February. Here are...

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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....