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Aug 6

The 2021-22 General Assignment Order

Posted by Bruce D. Greenberg on Aug 6, 2021 in Administrative matters, Appellate Division | 0 comments
Chief Justice Rabner has issued the General Assignment Order for the coming Term. It is available here. At the Appellate Division level, the headline is that the number of Parts has been reduced from eight to seven, encompassing a total of thirty judges. Two of the Parts, Parts C and E, have five judges, while the other Parts have four judges, as in the past. Unlike in several past years, there is no provision for any “Temporary Assignees” on any Part. That is despite the fact that the thirty-judge composition of the Appellate Division for 2021-22 is smaller than the...
Feb 3

Getting Current With the Appellate Division

Posted by Bruce D. Greenberg on Feb 3, 2021 in Appellate Division, Criminal law, Effect of decisions by other courts, Judges, Standards of review, Statutory interpretation, Summary judgment | 0 comments
The past few days have been especially busy ones in my practice. The Appellate Division has likewise been quite busy issuing published opinions as January turned to February. Here are summaries of those opinions. City of Newark v. Township of Jefferson, ___ N.J. Super. ___ (App. Div. 2021). [Disclosure: My firm represents the City of Newark, but not in this case or matters of this type]. This opinion by Judge Mawla involved an appeal from the Tax Court, whose opinion appeared at 31 N.J. Tax. 303 (Tax Ct. 2019). The issue was the validity of the assessment of the subject property...
Dec 31

Mistrial In Murder Case Interrupted by COVID-19 Pandemic Was Not an Abuse of Discretion

Posted by Bruce D. Greenberg on Dec 31, 2020 in Appellate Division, Constitutional law, Criminal law, Judges, Notable opinion writing, Standards of review | 0 comments
State v. Smith, ___ N.J. Super. ___ (App. Div. 2020). Perhaps fittingly, the final published Appellate Division of 2020, written by Judge Fasciale and issued today, centered on the COVID-19 pandemic. This case involved a trial of murder and other charges against two defendants. That trial began on February 12, 2020. By March 15, when the Supreme Court suspended all jury trials, the State was still presenting its case, having offered 29 witnesses, with three or four more witnesses still to come. After the Supreme Court authorized the resumption of suspended jury trials “consistent with...
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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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