The Supreme Court announced that it has granted certification in four new appeals. As is often the case, the nature of those matters is very varied. In Goldhagen v. Pasmowitz, the question presented, as phrased by the Supreme Court Clerk’s ...
United States v. Brito, 979 F.3d 185 (3d Cir. 2020). As discussed here, waiver of an argument occurs when a party intentionally relinquishes or abandons a contention, while forfeiture is the failure to assert an argument in timely fashion, without ...
As described in an Order of Disposition of Emergent Application in State v. Dangcil, the Supreme Court was presented with a motion “seeking leave to appeal from the judgment of the Superior Court, Appellate Division, affirming the trial court’s denial ...
State v. Faber, 465 N.J. Super. 1 (App. Div. 2020). As discussed here, last month, the Appellate Division affirmed defendant’s Municipal Court convictions but remanded for correction of his sentence. The panel cited two matters that the Law Division had ...
All New Jersey state and federal courts are closed today for Columbus Day. But late last Friday, the Supreme Court announced that it had granted review in two more criminal appeals. The Court also solicited amicus curiae briefs in a ...
The Supreme Court announced that it has granted certification in State v. Paden-Battle. The question presented in that case, as phrased by the Supreme Court Clerk’s office, is “Did the jury’s verdict acquitting defendant of murder, conspiracy to commit murder, ...
Supreme Court grants of leave to appeal are infrequent, but the Court’s latest wave of five new cases taken up for review includes three appeals on leave. All of those are criminal matters. The two other newly accepted cases, in ...
The Supreme Court rarely takes up sentencing appeals. But the Court announced that it has done just that in State v. Rivera. The question presented, as phrased by the Supreme Court Clerk’s office, is “Was the sentencing court’s finding and ...
The Supreme Court announced that it has granted certification in five cases. These are the first grants of the current Term. In HC Equities, LP v. County of Union, which as docket numbers A-1/2-20, the question presented, as phrased by ...
State v. Faber, 465 N.J. Super. 1 (App. Div. 2020). Today’s opinion by Judge Fuentes in this case, which originated in Municipal Court and then went to the Law Division, makes an important point: the Appellate Division reviews not the ...