"Spring break"

With Passover beginning tonight, there won't be any posts on this blog until April 17 at the earliest. In calendar order, happy Passover, and happy Easter, to those who are...

"In the Good Old Summertime"- Appellate Division Summer Parts

Chief Justice Rabner has announced the lineup of Appellate Division Parts for the coming summer. The schedule consists of six 14-day "Sessions," beginning on June 15 and ending on September...

2020 Law Graduates May Practice Immediately, as July Bar Exam is Cancelled, But Graduates Still Must be Certified by the Committee on Character in Order to Practice

As announced by Chief Justice Rabner here, the July Bar examination has been cancelled due to the COVID-19 situation. But that situation, the Supreme Court has concluded, after consulting with...

In Vehicular Homicide Case, Decedent's Conduct, Which Cannot be Raised as a Defense, Must be Considered as a Mitigating Factor in Sentencing

State v. Pascucci, 463 N.J. Super. 203 (App. Div. 2020). The strict liability vehicular homicide statute, N.J.S.A. 2C:11-5.3d, provides that "[i]t shall not be a defense to a prosecution under...

Where Jail Inmates Had Been Told That Their Telephone Calls Would be Monitored and Recorded, They Had No Reasonable Expectation of Privacy in Those Calls

State v. Jackson, 241 N.J. 547 (2020). In a per curiam opinion, the Supreme Court today affirmed the ruling of the Appellate Division in this case (actually, two consolidated cases),...

An Expungement Case and a "Conditional Res Ipsa Loquitur" Case for the Supreme Court

The Supreme Court announced that it has granted certification in two more cases. One arises out of a finding of child abuse and neglect. The other involves a request for...

Forfeiture of Entire Public Pension Due to Guilty Plea of Accepting $300 Bribe is Not an Unconstitutional "Excessive Fine"

State v. Anderson, 463 N.J. Super. 168 (App. Div. 2020). Defendant, formerly employed by the Jersey City Tax Assessor's office, pled guilty to a federal criminal charge of interference with...

Next Week's Appellate Division Arguments Will be Conducted Telephonically

As stated here, oral arguments in the Appellate Division through April 2 will be conducted telephonically. Parts A, C, D, and G are the Parts that have oral arguments scheduled...

Judges Gummer and Smith Will be Temporarily Assigned to the Appellate Division as of September 1

Chief Justice Rabner announced the temporary assignment of two judges to the Appellate Division. The two judges, Katie Gummer and Morris Smith, will begin their temporary assignments on September 1,...

Insureds Bear the Burden of Proving "Fortuity" of a Claimed Loss Under an All-Risk Insurance Policy

Chartis Property Casualty Co. v. Inganamort, 953 F.3d 231 (3d Cir. 2020). Yesterday, the Third Circuit issued its first published opinion in nearly two weeks. The ruling, authored by Judge...

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