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Dec 31

Mistrial In Murder Case Interrupted by COVID-19 Pandemic Was Not an Abuse of Discretion

Posted by Bruce D. Greenberg on Dec 31, 2020 in Appellate Division, Constitutional law, Criminal law, Judges, Notable opinion writing, Standards of review | 0 comments
State v. Smith, ___ N.J. Super. ___ (App. Div. 2020). Perhaps fittingly, the final published Appellate Division of 2020, written by Judge Fasciale and issued today, centered on the COVID-19 pandemic. This case involved a trial of murder and other charges against two defendants. That trial began on February 12, 2020. By March 15, when the Supreme Court suspended all jury trials, the State was still presenting its case, having offered 29 witnesses, with three or four more witnesses still to come. After the Supreme Court authorized the resumption of suspended jury trials “consistent with...
Dec 15

A Use Variance Anniversary: Ward v. Scott

Posted by Bruce D. Greenberg on Dec 15, 2020 in Administrative agency actions, Constitutional law, Effect of decisions by other courts, Municipal land use, Notable opinion writing, Supreme Court of New Jersey | 0 comments
On December 15, 1952, the Supreme Court decided Ward v. Scott, 11 N.J. 117 (1952). Though the municipal law applicable at the time that case was decided has largely been superseded by the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., Ward has been cited nearly 200 times, according to a Lexis search, including as recently as 2020. The case arose out of a use variance sought for construction of a commercial building with off-street parking. Under the Zoning Act, the statutory scheme in force at that time, R.S. 40:55-39(d), such variance requests came before the Board of Adjustment. But...
Nov 30

Two Accelerated Appeals, and Two Others, for the Supreme Court

Posted by Bruce D. Greenberg on Nov 30, 2020 in Administrative agency actions, Constitutional law, Criminal law, Statutory interpretation, Supreme Court of New Jersey | 0 comments
The Supreme Court announced that it has granted certification in four new cases. In two of them, the Court set accelerated schedules. The first of those, which involves five consolidated cases, is In re Attorney General Law Enforcement Directive Nos. 2020-5 and 2020-6. The question presented there, as phrased by the Supreme Court Clerk’s office, is “Among other challenges to the adoption of these directives, does the Attorney General have the authority to require of the names of police officers assessed ‘major discipline’?” In a published decision (which has not...
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About the Author

Bruce D. Greenberg, a partner of Lite DePalma Greenberg & Afanador, LLC, has more than 35 years of appellate experience.  He has argued dozens of cases in New Jersey’s Appellate Division, and he has handled oral arguments in the Supreme Court of New Jersey and the Third Circuit Court of Appeals as well.  Mr. Greenberg’s appellate cases have ranged from . . more

 

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