Rogers v. Cape May County Office of the Public Defender, 208 N.J. 414 (2011). Rogers sought to sue his public defender attorney for legal malpractice after Rogers’s application for post-conviction relief was granted and the indictment against him was thereafter dismissed with ...
State v. Yough, 208 N.J. 385 (2011). The main focus of this opinion by Justice Albin was whether the Law Division abused its discretion in declining to grant a mistrial when a key witness gave different testimony than expected. By a 5-0 ...
On November 18, an Appellate Division panel consisting of Judges Carchman, Fisher and Nugent denied the State’s motion for a stay pending the appeal, now before the Supreme Court on direct certification, of the Law Division’s ruling against the State ...
The Supreme Court’s grant last Thursday of direct certification of the judges’ pension case, DePascale v. New Jersey, has generated some controversy. Governor Christie, for example, criticized the Court for preempting Appellate Division review. Direct certification is not a usual procedure. It is authorized ...
Today, the Supreme Court issued an order granting direct certification in DePascale v. New Jersey. The question presented, as summarized by the Supreme Court Clerk’s Office, is “as applied to certain justices and judges, does the Pension and Health Care Benefits Act, P.L. 2011, ...
Often overlooked is the fact that the Supreme Court of New Jersey is more than just the court of last resort for state court appeals. Under Article VI, section 2, paragraph 3 of the New Jersey Constitution, the Court has ...
Since today, November 8, is Election Day, what better case could there be to highlight than In re Contest of November 8, 2005, 192 N.J. 546 (2007)? Not only did that case involve an election on November 8, the Court’s 3-2 ...
In Prime Accounting Dep’t v. Tp. of Carney’s Point, 421 N.J. Super. 199 (App. Div. 2011), discussed here, the Appellate Division affirmed the dismissal of a tax appeal complaint for lack of subject matter jurisdiction. The dismissal focused on the fact that ...
The New Jersey Judiciary has released its 2010-11 court year report. During the past year, according to that report, the Supreme Court of New Jersey received 1,184 petitions for certification. It is not clear whether that figure also includes notices ...
On November 2, 1987, the Supreme Court of New Jersey decided O’Malley v. Department of Energy, 109 N.J. 309 (1987). That case involved a civil service employee who had been provisionally reassigned from his permanent job to a different position. ...