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

The First Half of August- Supreme Court Decisions in Criminal Cases

Due to a combination of factors, there have been no posts on this blog in the first half of August. This post will begin the catch-up process by summarizing the...

A Busy Day at the Supreme Court- Six New Grants of Review

The Supreme Court announced that it has taken up six new cases. The Court granted certification in four of those matters. One case is before the Court on a grant...

Different Standards for Miranda Warnings to Juveniles: The Appellate Division Says "No" But Doesn't Close That Door

State of New Jersey in the Interest of M.P., 476 N.J. Super. 242 (App. Div. 2023). This magnum opus by Judge Susswein today holds that the Law Division erred in...

Either Side of July 4

With July 4 falling on a Tuesday, some of us took the opportunity to extend the preceding weekend into some or all of the last days of June, July 3,...

And One More Thing …

This should have been in the previous post. The Supreme Court granted certification in State v. Rosado. The questioned presented, as phrased by the Supreme Court Clerk's office, is "Does...

This Week's Supreme Court Decisions

In the last three days, the Supreme Court issued opinions in two criminal cases and one civil appeal. All three decisions were unanimous. Here are summaries of those rulings: State...

The Status of Real Estate Salespeople, and an Encore Sexual Assualt Survivor Protection Act Case, for the Supreme Court

The Supreme Court announced that it has granted review in two new cases. In Kennedy v. Weichert Co., where the Court granted leave to appeal, the question presented, as phrased...

Governor Murphy Nominates Michael Noriega to the Supreme Court

Today, Governor Murphy announced his nomination of Michael Noriega to the Supreme Court. He would fill the seat that was vacated when Justice Albin reached the mandatory retirement age of...

Five More Cases for the Supreme Court

The Supreme Court announced that it has granted certification in five new cases. Here they are: In Usachenok v. State of New Jersey, Dep't of the Treasury, the question presented,...

A "Reciprocal Discovery" Case for the Supreme Court

The Supreme Court announced that it has granted leave to appeal in State v. Knight. The question presented, as phrased by the Supreme Court Clerk's office, is "Where a witness...

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Retired Policeman's Pension Benefits Were Wrongly Paid to His Estranged Spouse Rather Than to His Estate, Where He Had Not Designated Anyone to Receive the Pension Benefit if He Died

Isaac v. Board of Trustees, ___ N.J. ___ (2025). Two kinds of benefits are payable to retired members of the.Police and Firemen's Retirement System ("PFRS"). One is a pension benefit, a part of the member's compensation for past services. Pension benefits go to the person whom the member designates, or to the member's estate if no designation is made. The other is a survivor's benefit, which goes to the member's widow for the duration of his or her widowhood. Former Newark policeman Keith Isaac made no designation as to his pension benefits, though he did list his estranged wife, Roxanne, as his spouse when he filed for retirement. Based on that, Isaac's pension benefits were distributed to Roxanne. Isaac's estate contested that, and today the Supreme Court held that the estate should have gotten the pension monies....

The Supreme Court Clarifies New Jersey's Automobile Exception to the Requirement of a Search Warrant

State v. Fenimore, ___ N.J. ___ (2025). Both the United States and New Jersey Constitutions protect the people against "unreasonable searches and seizures" and prohibit the issuance of search warrants without "probable cause." Both federal and New Jersey law, however, recognize an "automobile exception" to the warrant requirement. But New Jersey's automobile exception is narrower than the federal exception, as the Supreme Court stated in State v. Witt, 223 N.J. 409 (2015). Today, the Supreme Court ruled that the Appellate Division in this case had interpreted Witt too broadly in reversing a Law Division decision to exclude evidence from a warrantless search. The Supreme Court reversed and excluded the evidence....

"Liberal Standards" for Standing "Are Not Equivalent to No Standards At All," the Supreme Court Says

New Jersey Coalition of Automotive Retailers, Inc. v. Ford Motor Co., ___ N.J. ___ (2025). As Justice Pierre-Louis observed in her opinion for a unanimous Court in this case today, New Jersey state courts have long "take[n] a more liberal approach to standing than federal law." But in this appeal, the statute sued upon, the Franchise Practices Act, N.J.S.A. 56:10-1 et seq. ("FPA"), stated that only a "franchisee" could sue its franchisor. Because plaintiff here ("NJCAR") was not a franchisee but an association of franchisees, NJCAR lacked standing to bring a FPA case....

Compassionate Release Act Does Not Require Physical Examination of Inmates Seeking Relief, But Denial of Relief in This Case Was Arbitrary and Capricious

M.R. v. New Jersey Department of Corrections, ___ N.J. ___ (2025). Plaintiff appealed the denial of his petition for release under the Compassionate Release Act, N.J.S.A. 30:4-123.51 ("CRA"). He argued that he had not been physically examined by a physician, and that the statute required a physical examination. The Appellate Division determined that the statute did not require a physical examination and upheld the denial of compassionate release. Today, in a unanimous opinion by Justice Hoffman, the Supreme Court agreed that no physical examination was required, but reversed the denial of compassionate relief as insupportable....