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Jan 11

Gubernatorial Pardon Dissolves Statutory Bar on Expungement of Convictions

Posted by Bruce D. Greenberg on Jan 11, 2021 in Constitutional law, Effect of decisions by other courts, Judges, Statutory interpretation, Supreme Court of New Jersey | 0 comments
In re Petition for Expungement of the Criminal Record Belonging to T.O., ___ N.J. ___ (2021). The first Supreme Court opinion of 2021, issued this morning, was authored by Chief Justice Rabner. The issue, as stated in the first sentence of the opinion, was “the effect of a gubernatorial pardon on request to expunge a criminal record.” The Chief Justice concisely explained the relevant background: “T.O. was convicted of separate crimes in 1994 and 1996. In the decades since, he has been gainfully employed, has made contributions to the community, and has successfully...
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 21

Attorneys Whose Retainer Agreements Include Mandatory Arbitration for Malpractice Claims or Fee Disputes Must Explain the Arbitration Clause to the Client Up Front

Posted by Bruce D. Greenberg on Dec 21, 2020 in Attorneys fees, Contract interpretation, Effect of decisions by other courts, Judges, Practice Pointers, Supreme Court of New Jersey | 0 comments
Delaney v. Dickey, ___ N.J. ___ (2020). Justice Albin’s opinion for a unanimous Supreme Court in this case today is an important one for attorneys and their clients. The Court held that if an attorney includes in a retainer agreement a provision that legal malpractice claims must proceed in arbitration rather than in court, the attorney “must generally explain to a client the benefits and disadvantages of arbitrating a prospective dispute between the attorney and client. Such an explanation is necessary because, to make an informed decision, the client must have a basic...
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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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