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...

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...

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....