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Jan 15

The Supreme Court Will Decide the Constitutional Validity of an Indictment Returned by a Virtual Grand Jury

Posted by Bruce D. Greenberg on Jan 15, 2021 in Constitutional law, Criminal law, Supreme Court of New Jersey | 0 comments
The Supreme Court announced that it has granted review in State v. Vega-Larregui. Pursuant to Rule 2:12-1, the Court granted direct certification of a portion of defendant’s motion to dismiss the indictment that was pending in the Law Division, Mercer County. The certification is limited to “defendant’s constitutional challenge to the indictment returned by a Grand Jury proceeding that was conducted remotely.” Other aspects of the motion to dismiss “remain pending in the Superior Court, which shall retain jurisdiction to consider those matters.” The Court...
Jan 6

The Appellate Division Declines to Follow an Outmoded Errors and Appeals Decision About Age-Related Lay Opinion Testimony

Posted by Bruce D. Greenberg on Jan 6, 2021 in Appellate Division, Constitutional law, Criminal law, Effect of decisions by other courts, Judges, Notable opinion writing, Standards of review | 0 comments
State v. Gerena, ___ N.J. Super. ___ (App. Div. 2021). Defendant was convicted of fourth degree lewdness. A statutory grading element of that offense is that one or more of the children whom witnesses testified were near defendant were under the age of thirteen. To address the age issue, the State offered testimony of witnesses who provided lay opinion as to what they perceived as the children’s ages and heights. Defendant appealed his conviction, primarily on the ground that it was error to admit that lay opinion testimony. In State v. Koettgen, 89 N.J.L. 678 (E. & A. 1916), a...
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...
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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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