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. Cromedy, ___ N.J. ___ (2025). The Graves Act, N.J.S.A. 2C:43-6(c), prescribes a minimum term of incarceration for firearm-related offenses under certain subsections of N.J.S.A. 2C:39-5, as well as a mandatory period of parole ineligibility. In this case, the issue was whether a weapons offense conviction of violation of N.J.S.A. 2C:39-5(j) is covered by the Graves Act. The Law Division and the Appellate Division each held that it was. The Supreme Court reversed in a unanimous opinion by Justice Noriega....
States Newsroom, Inc. v. City of Jersey City, ___N.J. ___ (2025). A Jersey City police lieutenant fired a shotgun at his girlfriend and her son. Charged with terroristic threats and a weapons charge, he pled guilty to a lesser offense. The police's Internal Affairs ("IA") Department investigated and issued a report that found misconduct and imposed a 90-day suspension. That report contained verbatim quotes from the records of the State Police, which had investigated the shooting, and the County Prosecutor's Office that brought the charge....
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....
"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....
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....
The Supreme Court announced that it has granted certification in two new appeals. One of those is from a published Appellate Division decision, while the other appeal is from an unpublished opinion of a two-judge Appellate Division panel....
Bulur v. Office of the Attorney General, ___ N.J. ___ (2025). In 2023, after a fatal shooting by Paterson police officers, the New Jersey Attorney General announced on March 27, 2023 that his office was superseding (that is, taking over responsibility for) the Paterson Police Department. Lawsuits were filed and transferred to the Appellate Division. In an opinion reported at 480 N.J. Super. 395 (App. Div. 2024), and summarized here, the Appellate Division voided the supersession. Today, the Supreme Court reversed in a unanimous opinion by Justice Patterson....
Palmisano v. State of New Jersey Administrative Office of the Courts, ___ N.J. Super. ___ (App. Div. 2025). The opening paragraph of Judge Marczyk's opinion for the Appellate Division well encapsulates what the appeal was about and what the result was. "Plaintiff Lindsay Palmisano appeals from the trial court's April 1, 2024 order dismissing her complaint with prejudice against defendant State of New Jersey Administrative Office of the Courts and Municipal Division (AOC) pursuant to Rule 4:6-2(e). The primary issue on appeal is whether plaintiff, a municipal court administrator, is an employee of the AOC, thereby allowing her to assert a claim against the AOC under the New Jersey Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -49. Based on our review of the record and the applicable legal principles, we conclude plaintiff was employed by Vernon Township (Township), not the AOC, and, therefore, we affirm."...
The Supreme Court announced that it has granted review in two new appeals. One is before the Court on leave to appeal. The Court granted certification in the other matter....