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

The Third Circuit Opines, for the First Time, About "Overview Testimony"

United States v. Lacerda, 958 F.3d 196 (3d Cir. 2020). This lengthy opinion by Judge Porter affirmed a jury verdict convicting several defendants of mail fraud and wire fraud. Defendants...

Back in Action

The appellate courts have not been idle since the most recent post on this blog. Opinions have been issued, the Supreme Court has taken up more cases for review, and...

In Vehicular Homicide Case, Decedent's Conduct, Which Cannot be Raised as a Defense, Must be Considered as a Mitigating Factor in Sentencing

State v. Pascucci, 463 N.J. Super. 203 (App. Div. 2020). The strict liability vehicular homicide statute, N.J.S.A. 2C:11-5.3d, provides that "[i]t shall not be a defense to a prosecution under...

Where Jail Inmates Had Been Told That Their Telephone Calls Would be Monitored and Recorded, They Had No Reasonable Expectation of Privacy in Those Calls

State v. Jackson, 241 N.J. 547 (2020). In a per curiam opinion, the Supreme Court today affirmed the ruling of the Appellate Division in this case (actually, two consolidated cases),...

An Expungement Case and a "Conditional Res Ipsa Loquitur" Case for the Supreme Court

The Supreme Court announced that it has granted certification in two more cases. One arises out of a finding of child abuse and neglect. The other involves a request for...

The Supreme Court Takes Up a Miranda Case

The Supreme Court announced that it has granted certification in State v. Ahmad, an appeal from a manslaughter conviction. The question presented there, as phrased by the Supreme Court Clerk's...

Breaking the Silence

February 26 was the most recent post on this blog. From then until today, I have had an Appellate Division oral argument, an oral argument on a dispositive motion in...

The Lodzinski Murder Case and Three Other Appeals Reach the Supreme Court

The Supreme Court announced that it has granted review in four more cases. One of those matters, State v. Lodzinski, a murder case, has received substantial publicity during its lengthy...

Non-Delegation Doctrine Does Not Apply to Executive Actions

United States v. Bruce, 950 F.3d 173 (3d Cir. 2020). The "non-delegation" doctrine, used by the Supreme Court of the United States in the 1930's to void certain aspects of...

A Charter School Case and Two Criminal Cases (One Involving the Movie "The Shining") Reach the Supreme Court

The Supreme Court announced that it has granted certification in three more cases. How can the case involving "The Shining" not be discussed first? That case is State v. Williams....

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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....