February 26 was the most recent post on this blog. From then until today, I have had an Appellate Division oral argument, an oral argument on a dispositive motion in the Law Division, and an oral argument in the Supreme Court of New Jersey. Meanwhile, the appellate courts have not been silent. Here is a summary of some of the decisions that have been issued during that window: State v. Shaw, ___ N.J. ___ (2020). This was the Supreme Court’s only decision during this time period. It addressed whether there should be a limit on the number of times that a prosecutor can submit a case to a...

Pathri v. Kakarlamath, ___ N.J. Super. ___ (App. Div. 2020). This was a matrimonial matter. Both spouses came to the United States from India. Shortly after plaintiff filed this suit for divorce, he moved back to India. Shortly before trial, plaintiff sought the right to testify from India by contemporaneous video transmission, because he was unable to get a visa to come to the United States to testify in person. The Family Part denied the motion because it would inhibit the judge’s ability to assess plaintiff’s credibility. Plaintiff sought and was granted leave to appeal, and...

New Jersey Division of Child Protection and Permanency v. A.L., ___ N.J. Super. ___ (App. Div. 2020). On October 28, 2019, in a per curiam opinion that can be found at 2019 WL 5544014 (App. Div. Oct. 28, 2019), Judges Fisher and Rose affirmed a Family Part decision finding defendant guilty of child abuse and neglect. After summarizing the facts and the arguments presented by defendant and the Law Guardian on appeal, the panel found that those contentions lacked sufficient merit to warrant further discussion in a written opinion, citing Rule 2:11-3(e)(1)(E), and affirmed based on the...