State in the Interest of E.S., ___ N.J. Super. ___ (App. Div. 2021). Judge Sabatino concisely posed the purely legal issue presented on this appeal: “This interlocutory appeal presents an unsettled question concerning the fair and appropriate sequence of proceedings in the prosecution of a juvenile offender who the State wishes to waive to adult court pursuant to N.J.S.A. 2A:4A-26.1. The question arises in a context where the juvenile moves to suppress evidence that the State will rely upon at the waiver hearing and also possibly seek to admit at an eventual trial. Should the...

The Supreme Court announced that it has granted certification in State v. Higgs. The question presented, as phrased by the Supreme Court Clerk’s office, is “Was evidence about past internal affairs investigations into the police officer who shot defendant relevant, were defendant’s prior convictions admissible under N.J.R.E. 609, and was the testimony by a detective who was not present at the scene that the dash-cam video appeared to show a firearm in defendant’s waistband admissible under N.J.R.E. 701?” In an unpublished opinion by a three-judge panel, the Appellate...

On this date in 1959, the Supreme Court decided Hodgson v. Applegate, 31 N.J. 29 (1959). Over sixty years later, that opinion is still cited with regularity in cases applying Court Rules relating to post-judgment motions and appeals. The case arose from plaintiff’s claim that defendants had breached an agreement to lease a gas station to plaintiff and had fraudulently concealed the terms of an existing lease on that premises. Plaintiff won a jury verdict for $8,500 in damages. Defendants did not timely move for a new trial. Nor did they appeal the jury verdict. Instead, 34 days after...