NJ Appellate Law Blog

Two by Judge Accurso: The First Two Published Opinions of the New Term

State v. Alvarez, 473 N.J. Super. 448 (App. Div. 2022); State v. Chau, 473 N.J. Super. 430 (App. Div. 2022). These two opinions, issued today, were both authored by Judge...

The Second Half of August

As usually occurs with the current Term nearing its end, the Supreme Court and the Appellate Division have issued relatively few opinions in the second half of August. Here are...

The First Week of August

The dog days of summer often see the Supreme Court and the Appellate Division issuing opinions in cases argued earlier in the Term. The Third Circuit is often more active...

Two New Criminal Appeals for the Supreme Court

The Supreme Court announced that it has granted review in two new criminal appeals. One of those matters came to the Court on leave to appeal, while certification was granted...

Insurance, Attorneys' Fees in a Common Law Right of Access to Public Documents Case, and Expungement Under the Cannabis Act Will be Before the Supreme Court

The Supreme Court announced that it has granted review in three new cases. Two of them, both civil matters, were grants of certification. The third appeal, a criminal case, is...

Tinted Windows and Automobile Stops

State v. Smith, 251 N.J. 244 (2022). Here is how Justice Solomon began his opinion for a unanimous Court in this case today: "N.J.S.A. 39:3-74 prohibits operation of a vehicle...

Three Supreme Court Decisions in Criminal Cases

The last few days have seen three opinions by the Supreme Court in criminal appeals. Here are summaries of those decisions: State v. Rivas, 251 N.J. 132 (2022). This opinion...

Two Compassionate Releases Get Put on the Fast Track at the Supreme Court

The Supreme Court announced that it has granted certification in two new cases, State v. A.M. and State v. Oliver. The question presented, as phrased by the Supreme Court Clerk's...

Four New Grants of Certification by the Supreme Court

The Supreme Court announced that it has granted certification in four new cases. Three of those matters are criminal appeals, one of which involves a published Appellate Division opinion. The...

The Supreme Court Takes Up Two Unpublished Criminal Decisions

The Supreme Court announced that it has granted certification in two new cases. Both are criminal appeals, and both come to the Court following unpublished opinions by two-judge Appellate Division...

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A Megan's Law Scoring Appeal for the Supreme Court

The Supreme Court announced that it has granted certification in In the Matter of the Registration of K.M. The question presented, as phrased by the Supreme Court Clerk's office, is "Can conduct committed by a co-conspirator be used to determine a Megan's Law registrant's score on factor two (degree of contact) of the Registrant Risk Assessment Scale?" The Law Division gave a factor two score of zero, but the Appellate Division, in an unpublished per curiam opinion by a two-judge panel, reversed and remanded the case for further proceedings....

Judge Gilson Reminds Us of Two Fundamental Class Action Principles

Paciorkowski v. Jetson Electric Bikes LLC, ___ N.J. Super. ___ (App. Div. 2026). Plaintiff, an attorney, filed a putative class action for consumer fraud and on other theories against defendant He alleged that he had purchased three electric bikes from defendant, that the bikes had several problems that made them essentially unusable by adults, and that New Jersey law effectively made the bikes illegal to use in New Jersey....

In Its First Week of Recess, The Appellate Division Issues Three Published Opinions

Though the Appellate Division's two-week recess means no oral arguments, that court has not been dormant. In the week just ending, the first of the two recess weeks, the Appellate Division issued three published opinions. Here are summaries:...

An Amendment to the Appellate Division's Guidelines for Entertaining Emergent Applications

On March 19, 2018, the Appellate Division issued guidelines setting forth the criteria considered by the court in reviewing applications for permission to file an emergent motion and offered examples of how those guidelines are applied. Yesterday, the Appellate Division issued an amendment that addresses the procedures for emergent applications after hours, on weekends, or on holidays....