The Supreme Court announced that it has granted review in four new cases. Two of them are criminal matters. The other two involve eminent domain issues. One of the criminal appeals is before the Court on leave to appeal, the second grant of leave to appeal in the current Term. The Court granted certification in the other three matters....
Tomorrow, September 11, a panel of judges on the Appellate Division's Part B will hear oral argument in Borough of Caldwell v. Cozzarelli-Cirminiello Architects, LLC. The case is before the Appellate Division following the grant of defendant's motion for leave to appeal the denial of its motion to dismiss the Complaint....
Alcantara v. Moro, ___ N.J. Super. ___ (App. Div. 2025). Judge Smith authored this opinion for the Appellate Division, that court's first published opinion of the new Term. The appeal was from a final decision of the Commissioner of the New Jersey Department of Education that the School Funding Reform Act, N.J.S.A. 8A:7F-43 et seq. ("SFRA"), was constitutional as applied to the Township of Lakewood....
The Supreme Court announced that it has granted leave to appeal in State v. Caneiro, a quadruple homicide case. The question presented, as phrased by the Supreme Court Clerk's office, is "Under the circumstances presented, where defendant's house was on fire, was the warrantless seizure of evidence from the garage justified under the exigent circumstances exception to the warrant requirement?"...
The final week of the 2024-25 Term was a quiet one. The Supreme Court did not issue any opinions. The Appellate Division published no opinions. As is common, there were not even many unpublished Appellate Division opinions....
Usually, "anniversary" posts on this blog are keyed to a decision of the Supreme Court. Today's post, however, recalls Salvatore v. Trace, 109 N.J. Super. 83 (App. Div. 1969), decided on August 27, 1969....
The 2024-25 Term ends on August 29. In this penultimate week of the Term, there were no Supreme Court opinions. There were, however, two published decisions from the Appellate Division, one a civil case involving "the latest development in the ongoing controversy surrounding black bear hunting in New Jersey" and the other a criminal appeal centering on constitutional rights associated with a cellphone passcode. Here are summaries of those opinions:...
This week saw one case decided by the Supreme Court and two published opinions of the Appellate Division. The Supreme Court case, decided by a 6-1 vote, presented an ex post facto issue arising out of amendments to the statute governing parole. The two Appellate Division decisions entailed more "core" criminal law issues. Here are summaries of those cases:...
State v. Taylor, ___ N.J. ___ (2025). N.J.S.A. 2C:43-6(c), a part of the Graves Act, makes the use or possession of a firearm during the commission, attempted commission, or flight from the commission of certain designated offenses a sentencing factor that triggers the imposition of a mandatory term of imprisonment. A later-added section of the Graves Act, N.J.S.A. 2C:43-6.2, creates an "escape valve," under which a prosecutor may seek from the court a waiver of the imposition of a mandatory minimum sentence where the prosecutor believes that such a sentence would not serve the interest of justice....
Chipola v. Flannery, ___ N.J. ___ (2025). As discussed here, this case was one of two that the Supreme Court agreed to review in its first grants of review of the current Term. The question presented was "Does a claim alleging false light invasion of privacy have a one-year statute of limitations, see Swan v. Boardwalk Regency Corp., 407 N.J. Super. 108 (App. Div 2009)?" Today, agreeing with the Law Division and the Appellate Division, the Supreme Court answered "yes."...
