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

Sometimes an Agency is Wrong

n re Hearn, 417 N.J. Super. 289 (App. Div. 2010). In this published opinion by Judge Ashrafi, the Appellate Division recognized that it gives deference to an agency's view of its own...

Supreme Court to Review "Law of the Case" Decision

When may one Appellate Division panel overturn a decision of another panel in a prior interlocutory appeal in the same case? That is the question in Lombardi v. Masso, in...

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Prosecutor's Prejudicial Comments During Summation Required Vacation of Conviction on Weapons and Criminal Restraint Charges

State v. Kelly, ___ N.J. Super. ___ (App. Div. 2025). Judge Gummer wrote the panel's opinion in this case. The panel reversed defendant's conviction on weapons and criminal restraint charges, based on a set of facts remarkably similar to those in State v. Daniels, 182 N.J. 80 (2004)....

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 One of those is from a published Appellate Division decision, while the other appeal is from an unpublished opinion of a two-judge Appellate Division panel....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....