State v. Lodzinski, ___ N.J. ___ (2021). Today, the Supreme Court voted 4-3 to reverse the murder conviction of Michelle Lodzinski. Previously, as discussed here, the Court had split 3-3 (Chief Justice Rabner did not participate), with the result that the Appellate Division’s affirmance of the conviction was upheld. The Court then voted to grant reconsideration and to bring up Judge Fuentes, the senior judge of the Appellate Division, to provide a seventh vote, as discussed here. The lineup of the Justices today was the same as in those previous appearances of this case before the...

State v. Lodzinski, 248 N.J. 451 (2021). In an extraordinary development, the Supreme Court has granted defendant’s motion for reconsideration in this long-running, closely-watched murder case. Since Chief Justice Rabner was not participating, only six Justices considered the appeal originally. They split 3-3, resulting in an affirmance of defendant’s conviction. Defendant sought reconsideration, asserting that the result deprived her of due process and calling for a seventh jurist to be brought up from the Appellate Division. As the Presiding Justice, Justice LaVecchia called...

Bascom Corporation v. Paterson Coalition for Housing, Inc., 2021 N.J. Super. Unpub. LEXIS 1846 (App. Div. Aug. 24, 2021). Periodically, our appellate courts offer lessons in “what not to do” or “how not to behave.” The Appellate Division did just that in this case. The decision itself, a per curiam ruling by a panel consisting of Judges Fuentes and Firko, resulted from a foreclosure action. A final judgment of foreclosure was entered against defendant Paterson Coalition for Housing, Inc. (“PCH”). More than nine months after the entry of that judgment, and...