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Jun 28

Tinted Windows and Automobile Stops

Posted by Bruce D. Greenberg on Jun 28, 2022 in Constitutional law, Criminal law, Judges, Statutory interpretation, Supreme Court of New Jersey | 0 comments
State v. Smith, ___ N.J. ___ (2022). Here is how Justice Solomon began his opinion for a unanimous Court in this case today: “N.J.S.A. 39:3-74 prohibits operation of a vehicle with any ‘non-transparent material’ on the front windshield or front side windows. Although the statute predates automotive window tinting, it commonly serves as the statutory basis for tinted window citations. See State v. Cohen, 347 N.J. Super. 375, 379-81 (App. Div. 2002). In this appeal, the Court considers whether a purported violation of N.J.S.A. 39:3-74 based on tinted windows justified an...
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...
Mar 17

Grapes Turn Sour for “Mode of Operation” Plaintiff

Posted by Bruce D. Greenberg on Mar 17, 2022 in Effect of decisions by other courts, Judges, Standards of review, Supreme Court of New Jersey | 0 comments
Jeter v. Sam’s Club, ___ N.J. ___ (2022). Writing for a 4-2 majority, Justice Solomon began his opinion for the Court today as follows: “Under the ‘mode of operation’ rule, plaintiffs who bring premises liability claims against businesses that employ self-service models do not need to show that the business owner had actual or constructive knowledge of a dangerous condition to establish negligence. See Prioleau v. Ky. Fried Chicken, 223 N.J. 245, 248 (2015). In this appeal, the Court considers whether the rule applies to the sale of grapes in closed clamshell...
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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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