State v. Pascucci, ___ N.J. Super. ___ (App. Div. 2020). The strict liability vehicular homicide statute, N.J.S.A. 2C:11-5.3d, provides that “[i]t shall not be a defense to a prosecution under this section that the decedent contributed to his own death by reckless or negligent conduct or operation or a motor vehicle or vessel.” Today’s case, however, involved the sentencing context, after defendant pled guilty to strict liability vehicular homicide. An eyewitness had said that the decedent “casually took a few steps … and [then] started sprinting” across a...

The Appellate Division does not issue many opinions in August, as the judges clean up remaining inventory. But there have been some significant published opinions in the last two weeks. Here are summaries of some of those rulings: Harvard v. State, 460 N.J. Super. 433 (App. Div. 2019). Plaintiff in this appeal was a Special Civil Part Officer in the Atlantic/Cape May County vicinage. The vicinage learned of numerous violations of directives of the Administrative Office of the Courts upon an investigation of plaintiff’s financial record. The Assignment Judge of the vicinage terminated...

Chief Justice Rabner has issued the general Assignment Order for 2019-2020. It is available here. As occurs every year, the eight Appellate Division Parts have been reshuffled. But some things remain the same. Judge Messano continues as Presiding Judge for Administration, and Judge Sabatino as Deputy Presiding Judge for Administration. Those two judges, as well as Judges Koblitz, Alvarez, Fisher, Yannotti, and Fuentes remain as Presiding Judges of their respective Parts. Judge Fasciale has become the Presiding Judge of Part B, a position previously held by Judge Simonelli. There are two...