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Jun 28

Tinted Windows and Automobile Stops

Posted by Bruce D. Greenberg on Jun 28, 2022 in Constitutional law, Criminal law, Judges, Statutory interpretation, Supreme Court of New Jersey | 0 comments
State v. Smith, ___ N.J. ___ (2022). Here is how Justice Solomon began his opinion for a unanimous Court in this case today: “N.J.S.A. 39:3-74 prohibits operation of a vehicle with any ‘non-transparent material’ on the front windshield or front side windows. Although the statute predates automotive window tinting, it commonly serves as the statutory basis for tinted window citations. See State v. Cohen, 347 N.J. Super. 375, 379-81 (App. Div. 2002). In this appeal, the Court considers whether a purported violation of N.J.S.A. 39:3-74 based on tinted windows justified an...
Jun 22

Three Supreme Court Decisions in Criminal Cases

Posted by Bruce D. Greenberg on Jun 22, 2022 in Constitutional law, Criminal law, Effect of decisions by other courts, Judges, Standards of review, Statutory interpretation, Supreme Court of New Jersey | 0 comments
The last few days have seen three opinions by the Supreme Court in criminal appeals. Here are summaries of those decisions: State v. Rivas, ___ N.J. ___ (2022). This opinion by Justice Albin today, for a unanimous Court, reversed the decisions of the Law Division and the Appellate Division that had denied defendant’s motion to suppress his confession. In a fact-intensive decision, the Court applied the principle of Edwards v. Arizona, 451 U.S. 477 (1981), that if “an accused has invoked his right to have counsel present during custodial interrogation,” questioning must cease and...
Jun 17

Two Compassionate Releases Get Put on the Fast Track at the Supreme Court

Posted by Bruce D. Greenberg on Jun 17, 2022 in Criminal law, Standards of review, Statutory interpretation, Supreme Court of New Jersey | 0 comments
The Supreme Court announced that it has granted certification in two new cases, State v. A.M. and State v. Oliver. The question presented, as phrased by the Supreme Court Clerk’s office, is the same in both appeals: “Does a trial court have discretion to deny an inmate’s petition for compassionate release if the court finds, by clear and convincing evidence, that the inmate ‘is so debilitated or incapacitated by the terminal condition, disease or syndrome, or permanent physical incapacity as to be permanently physically incapable of committing a crime if released and, in...
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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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