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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 15

Three Published Appellate Division Decisions

Posted by Bruce D. Greenberg on Jun 15, 2022 in Appellate Division, Constitutional law, Effect of decisions by other courts, Judges, Standards of review, Statutory interpretation | 0 comments
The last several days have seen some interesting published opinions by the Appellate Division. Here are summaries of three of them: Petro v. Platkin, ___ N.J. Super. ___ (App. Div. 2022). This opinion by Judge Natali, which applied de novo review, affirmed a Law Division ruling that dismissed plaintiffs’ attempt to enjoin and invalidate the Medical Aid in Dying for the Terminally Ill Act, N.J.S.A. 26:16-1 to -20 (“the Act”). The Appellate Division agreed with the Law Division that, despite New Jersey’s relatively liberal standing rules, none of the plaintiffs had...
Jun 7

A Potential Change to the Permanent Disbarment Rule of State v. Wilson?

Posted by Bruce D. Greenberg on Jun 7, 2022 in Judges, Notable opinion writing, Uncategorized | 0 comments
In re Wade, ___ N.J. ___ (2022). In In re Wilson, 81 N.J. 451 (1979), the Supreme Court established a bright line rule that attorneys who knowingly misappropriate client funds will be permanently disbarred. Unlike in most other jurisdictions, there is no opportunity to reapply for admission to the New Jersey Bar. Today, in an opinion by Chief Justice Rabner that commanded a 6-0 vote (Judge Fuentes did not participate), the Court disbarred the respondent attorney under the Wilson rule. The attorney admitted having knowingly misappropriated client funds, and since the overall record clearly...
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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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