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Jun 22

Three Supreme Court Decisions in Criminal Cases

Posted by Bruce D. Greenberg on Jun 22, 2022 in Constitutional law, Criminal law, Effect of decisions by other courts, Judges, Standards of review, Statutory interpretation, Supreme Court of New Jersey | 0 comments
The last few days have seen three opinions by the Supreme Court in criminal appeals. Here are summaries of those decisions: State v. Rivas, ___ N.J. ___ (2022). This opinion by Justice Albin today, for a unanimous Court, reversed the decisions of the Law Division and the Appellate Division that had denied defendant’s motion to suppress his confession. In a fact-intensive decision, the Court applied the principle of Edwards v. Arizona, 451 U.S. 477 (1981), that if “an accused has invoked his right to have counsel present during custodial interrogation,” questioning must cease and...
Jun 9

No Need for Three-Day Attorney Review Clause in Absolute Auction Sale of Residential Real Estate

Posted by Bruce D. Greenberg on Jun 9, 2022 in Judges, Supreme Court of New Jersey | 0 comments
Sullivan v. Max Spann Real Estate & Auction Co., ___ N.J. ___ (2022). In an opinion reported at 465 N.J. Super. 243 (App. Div. 2020), and discussed here, the Appellate Division, by a 2-1 vote, held that the three-day attorney review clause that the Supreme Court required for conventional sales of residential real estate in New Jersey State Bar Ass’n v. New Jersey Ass’n of Realtor Boards, 93 N.J. 470, modified, 94 N.J. 449 (1983), did not apply to absolute auction sales of residential real estate. That case arose when attorneys asserted that the preparation of contracts for sale of real...
May 10

In a Closely-Watched Case, Sundiata Acoli Wins Parole by a 3-2 Supreme Court Vote

Posted by Bruce D. Greenberg on May 10, 2022 in Criminal law, Judges, Notable opinion writing, Standards of review, Statutory interpretation | 0 comments
Acoli v. New Jersey State Parole Bd., ___ N.J. ___ (2022). A 2-1 Appellate Division decision, discussed here, upheld the New Jersey State Parole Board’s decision to deny parole to Sundiata Acoli, who “committed a horrific crime” in “his role in the murder of State Trooper Werner Foerster and the wounding of State Trooper James Harper in 1973 (the words of Justice Albin, the author of today’s majority opinion). Acoli was part of the Black Liberation Army, and one of the others involved in the murder was Joanne Chesimard, later known as Assata Shakur, who is...
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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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