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Dec 10

A Portion of the Terroristic Threats Statute is Held to be Unconstitutional

Posted by Bruce D. Greenberg on Dec 10, 2021 in Appellate Division, Constitutional law, Criminal law, Effect of decisions by other courts, Judges | 0 comments
State v. Fair, ___ N.J. Super. ___ (App. Div. 2021). Here is how Judge Fisher began his opinion for the Appellate Division in this matter: “Defendant was charged in a one-count indictment of making terroristic threats within the meaning of ‘N.J.S.A. 2C:12-3a and/or b.’ The indictment was never amended, and defendant never moved for a particularization of what part of N.J.S.A. 2C:12-3 was being charged. Instead, the matter went to trial and, after two days of testimony, the jury was asked to decide: whether, on May 1, 2015, defendant threatened to commit a crime of violence...
Mar 18

Third Circuit Will Continue to Hear Oral Arguments Despite Coronavirus

Posted by Bruce D. Greenberg on Mar 18, 2020 in Administrative matters, Third Circuit Court of Appeals | 0 comments
The Third Circuit announced today that it “is open for business and will fulfill its constitutional and statutory obligations and responsibilities.” Oral arguments will continue as scheduled, but merits panels “will determine the manner of argument.” Parties may file a motion requesting to appear by audio conference.” The “majority” of Clerk’s Office personnel will be working remotely. Parties who need to file motions seeking emergent relief should call 267-299-4904, leave a detailed message, and await a return call. Some of the usual...
Jan 28

The Civil Practice Committee Proposes One Substantive Amendment to the Appellate Rules

Posted by Bruce D. Greenberg on Jan 28, 2020 in Appellate Division, Criminal law | 0 comments
The Supreme Court Civil Practice Committee just issued its 2020 report about proposed (and rejected) amendments to the New Jersey Court Rules. The full report is available here. Comments on that report are due by March 20, 2020. There are many substantive changes in the proposed rules, which make this report required reading. But there is only one such change proposed in the Part 2 appellate rules, and it affects only criminal matters, and only a limited subset of those. There are also a few “housekeeping amendments” proposed, including changes to Rules 2:2-3, 2:9-3, and 2:9-10....
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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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