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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...
Jul 8

The 2020-21 General Assignment Order

Posted by Bruce D. Greenberg on Jul 8, 2020 in Administrative matters, Appellate Division, Judges | 0 comments
Chief Justice Rabner has issued the General Assignment Order for 2020-21, which is available here. Judge Ostrer has replaced Judge Koblitz, who will be retiring, as Presiding Judge of Part C. The other Presiding Judges, who include Judges Sabatino, Fasciale, Alvarez, Messano, Fisher, Yannotti, and Fuentes, remain in place. Judge Messano continues as Presiding Judge for Administration, as does Judge Sabatino as Deputy Presiding Judge for Administration. The eight panels have been rejiggered, as is the case every year. Parts E and F list “TEMPORARY ASSIGNEE” as their fourth member....
Jun 24

Rooming House Operators Have No Statutory or Common Law Duty to Conduct Background Checks on Prospective Occupants in Order to Protect Other Occupants

Posted by Bruce D. Greenberg on Jun 24, 2020 in Appellate Division, Effect of decisions by other courts, Judges, Notable opinion writing, Standards of review, Summary judgment | 0 comments
Estate of Campagna v. Pleasant Point Properties, LLC, ___ N.J. Super. ___ (App. Div. 2020). This opinion is a magnum opus by Judge Sabatino. But he well summarized the ruling in the three short paragraphs that began the opinion: “This wrongful death and survival case arises out of the fatal stabbing of a rooming house resident by another resident. The assailant had recently been released from prison after serving a sentence for a violent crime, although the rooming house owner and operator were not aware of that criminal history. “The core question in this case is whether, under...
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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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