State v. Brown, ___ N.J. Super. ___ (App. Div. 2018). Deliberating jurors often request that trial testimony be read back to them. As Judge Sabatino noted n his opinion in this case today, the Supreme Court has held that “absent some unusual circumstance, those requests should be granted.” But what is to be done when a jury requests that counsel’s summation, which is not evidence, be read back? That was the issue in the published portion of Judge Sabatino’s decision in this drug case, where the jury asked to hear defense counsel’s summation again. ...
Chief Justice Rabner has issued the General Assignment Order for 2018-19. It is available here. The Appellate Division lineup again features Judge Messano as Presiding Judge for Administration and Judge Sabatino as Deputy Presiding Judge for Administration. Those two judges, as well as Judges Simonelli, Koblitz, Alvarez, Fisher, Yannotti, and Fuentes, will serve as Presiding Judges for the eight Parts of the Appellate Division. Judge Reisner, who had been a Presiding Judge of a Part previously, is now shown as a member of Judge Alvarez’s Part D. The three judges newly appointed to...
Bruce D. Greenberg, a partner of Lite DePalma Greenberg, 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