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

Supreme Court and Appellate Division Published Decisions This Week

An enjoyable sojourn in Atlantic City for the New Jersey State Bar Association Annual Meeting and Convention delayed this post. I had the privilege of being part of a panel...

Lessons for Police in the Miranda Warnings Context, From Chief Justice Rabner

State v. O.D.A.-C., ___N.J. ___ (2022). Everyone knows, even if only from watching police procedurals on television, about the warnings that Miranda v. Arizona, 384 U.S. 436 (1966), requires police...

The Appellate Division in the Second Half of April- A Partial Recap

Until yesterday, when the Supreme Court issued this opinion, the Court did issue any decisions in the time following the last post on this blog on April 13. The Appellate...

Judge Smith Discusses When the Third Circuit Will Certify a Question to a State's Highest Court

United States v. Defreitas, ___ F.4th ___ (3d Cir. 2022). This case came out of the Virgin Islands. Its subject matter was the conviction of defendant, an enforcement officer for...

Statutory Requirement That Parties to a Written Palimony Agreement Get Advice of Counsel is Unconstitutional

Moynihan v. Lynch, ___ N.J. ___ (2022). Plaintiff and defendant had what Justice Albin, in his opinion for a unanimous Supreme Court, called "a long-term ‘marital-style' relationship." Anticipating that they...

Thirteen Years After a Plea Agreement is Too Late to Challenge it on Motion for Post-Conviction Relief

State v. Marolda, ___ N.J. Super. ___ (App. Div. 2022). On August 17, 2006, defendant entered into a plea agreement that resolved two cases against him: a criminal matter in...

Two Accelerated Appeals, and Four More, for the Supreme Court

The Supreme Court announced that it has granted review in six cases. Three of those involve grants of leave to appeal and three are grants of certification. The Court accelerated...

Last Week's Published Opinions

Last week just flew by. So, belatedly, here are summaries of the week's published opinions by the Supreme Court and the Appellate Division: Graphnet, Inc. v. Retarus, Inc., ___ N.J....

The Supreme Court Takes Up, and Accelerates, a Fifth Amendment Case

The Supreme Court announced that it has granted review in State v. Clark. The question presented, as phrased by the Supreme Court Clerk's office, is "Did the admission of evidence...

The Supreme Court Upholds the Redistricting Commission's Choice of the Democrats' Congressional District Map

In re Establishment of Congressional Districts by the New Jersey Redistricting Commission, ___ N.J. ___ (2022). As summarized here, in a lawsuit brought directly to the Supreme Court under its...

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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....