State v. Greene, ___ N.J. ___ (2020). Until today, the Supreme Court “has not had occasion to squarely address a prosecutor’s opening statement that detailed evidence of a defendant’s guilt that never materialized because the anticipated witness refused to testify.” So wrote Justice Albin in the Court’s unanimous opinion today. The context was as follows. Two defendants, Greene and Lewis, were prosecuted for murder after they allegedly shot someone while trying to steal drugs from him. Greene’s grandmother, Ethel Smith, gave a recorded statement to police....

Township of Manalapan v. Gentile, ___ N.J. ___ (2020). Justice Solomon wrote this opinion, issued today, for a unanimous Court. The question was whether, in this condemnation case, the Law Division erred in allowing the jury to hear testimony that the subject property’s highest and best use would require a variance without first having decided whether it was reasonably probable that the necessary variance would be granted. This issue was not new to the Court. In Borough of Saddle River v. 66 East Allendale, LLC, 216 N.J. 115 (2013), the defendant property owner had argued the highest...

Wayne Land & Mineral Group, LLC v. Delaware River Basin Comm’n, ___ F.3d ___ (3d Cir. 2020). This opinion by Judge Fisher today involved a case in which plaintiff challenged the ability of defendant Delaware River Basin Commission “the Commission”) to regulate fracking. After one intervenor and its leader were permitted to intervene in the case in support of the Commission, three Pennsylvania state Senators sought to intervene in support of plaintiff. After a number of procedural twists and turns, the District Court ultimately denied the Senators the ability to...