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 Court declined one question but agreed to answer the other. ...
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 Civil Liberties Union of New Jersey. As a result of ...
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 summaries of those opinions. City of Newark v. Township of ...
State v. Williams, ___ N.J. ___ (2021). In this case, defendant, accused of robbing a bank, was convicted of second degree robbery. That crime requires force or the threat of force, putting a victim in fear of immediate bodily injury. ...
The Supreme Court announced that it has granted review in State v. Vega-Larregui. Pursuant to Rule 2:12-1, the Court granted direct certification of a portion of defendant’s motion to dismiss the indictment that was pending in the Law Division, Mercer ...
State v. Gerena, 465 N.J. Super. 548 (App. Div. 2021). Defendant was convicted of fourth degree lewdness. A statutory grading element of that offense is that one or more of the children whom witnesses testified were near defendant were under ...
State v. Smith, ___ N.J. Super. ___ (App. Div. 2020). Perhaps fittingly, the final published Appellate Division of 2020, written by Judge Fasciale and issued today, centered on the COVID-19 pandemic. This case involved a trial of murder and other ...
The Supreme Court announced that it has granted certification in State v. Moore. The question presented, as phrased by the Supreme Court Clerk’s office, is “Should defendant, who was charged with unlawful possession of a handgun, have been permitted to ...
The Supreme Court announced that it has granted certification in four new cases. In two of them, the Court set accelerated schedules. The first of those, which involves five consolidated cases, is In re Attorney General Law Enforcement Directive Nos. ...
The courts are closed today for Veterans Day, so it is an opportunity to catch up on two grants of certification that the Supreme Court issued last week. Both involve criminal matters. In State v. Konecny, the question presented, as ...