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

The Municipal Vacancy Act, The Status of Real Estate Salespeople, And a Miranda Warnings Case Come Before the Supreme Court

The Supreme Court announced that it has granted review in three new cases. In two of those matters, the Court granted certification. The third is before the Court on leave...

BPU Inaction for 20 Months Results in a Remand for the Agency to Act

In re Verified Petition of Retail Energy Supply Ass'n, ___ N.J. Super. ___ (App. Div. 2021). This appeal was from the inaction (not any action) by the Board of Public...

The State Must Indemnify as Well as Defend County Prosecutors Offices' Employees

State of New Jersey v. County of Ocean, ___ N.J. Super. ___ (App. Div. 2021). This opinion by Judge Mawla involved the question of whether the State was obligated to...

2019 Amendment to the Breathalyzer Refusal Statute Does Not Apply Retroactively

State v. Scudieri, ___ N.J. Super. ___ (App. Div. 2021). Whether statutory amendments apply retroactively or prospectively is a recurring issue in the courts. This opinion by Judge Natali addresses...

The Supreme Court Adds More Cases

The Supreme Court announced that it has granted review in four more cases. Three of those involve grants of certification, while the fourth is before the Court on leave to...

A Gym's Claim for Compensation for COVID-19 Closures Under the Governor's Executive Orders Fails

JWC Fitness, LLC v. Murphy, ___ N.J. Super. ___ (App. Div. 2021). This opinion by Judge Rothstadt involved the claims of plaintiff, a gym, for compensation from the State because...

Catching up With the Third Circuit

In the recent period, the Third Circuit has published a small number of opinions. Here are summaries of some of those decisions: Mallet and Company Inc. v. Lacayo, ___ F.4th...

The Supreme Court Takes Up a Compassionate Release Case

The Supreme Court announced today that it has granted certification in State v. F.E.D. The question presented, as phrased by the Supreme Court Clerk's office, is "Was defendant eligible for...

Published Opinions From New Jersey's Appellate Courts This Week

Catching up with our appellate courts, here are summaries of the three published opinions (two by the Supreme Court and one by the Appellate Division, in addition to the COVID...

Four New Cases for the Supreme Court

The Supreme Court announced that it has granted certification in four new matters. Two of the cases are civil appeals and two are criminal matters. In East Bay Drywall, LLC...

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An Arbitration Case and a Cannabis Land Use Appeal for the Supreme Court

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....

Murder Trial Judge Inadequately Addressed Juror Misconduct, Requiring Remand to Determine Whether Jury Was Tainted

State v. Byrd, ___ N.J. ___ (2025). Justice Noriega authored the Court's unanimous opinion in this case today. During the murder trial that led to this appeal, allegations of misconduct by a certain juror, No. 8, surfaced. That juror allegedly conducted outside research, discussed the case with third parties, texted one of the defendants, and expressed an intent to find defendants guilty. The trial judge questioned Juror No. 8, but on appeal from defendants' convictions, the Supreme Court concluded that the trial court's inquiry "was insufficiently tailored to the allegations against the juror, failed to probe into the heart of the allegations, and was therefore inadequate." The Court remanded the case for further proceedings....

Attorney General's Supersession of the Paterson Police Department Was Not Arbitrary, Capricious, or Unreasonable

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....

Sentencing Counsel's Limited Investigation of Defendant's Citizenship Was Not Constitutionally Ineffective in the Circumstances

State v. Hernandez-Peralta, ___ N.J. ___ (2025). Justice Wainer Apter's decision today for a 5-2 Supreme Court majority began by phrasing the issue presented. "In this appeal, we consider whether sentencing counsel was constitutionally ineffective for failing to investigate defendant's citizenship status beyond asking him if he was a United States citizen and receiving an unequivocal ‘yes,' and therefore not advising him that his plea could make him subject to deportation." The majority found, based on the particular facts, that counsel was not constitutionally ineffective, reversing the two lower courts. Justice Noriega, joined by Justice Fasciale, dissented....