The Supreme Court announced that it has granted review in three new cases. All of them are criminal matters. In one case, the Court granted leave to appeal. The other two involve grants of petitions for certification. The leave to appeal case is State v. Keogh. The question presented, as phrased by the Supreme Court Clerk’s office, is “Were defendants subjected to custodial interrogation when they were interviewed by the detectives such that they should have been given Miranda warnings?” In an unpublished per curiam opinion by a three-judge panel, the Appellate Division...

In re Application of the Borough of Englewood Cliffs, ___ N.J. Super. ___ (App. Div. 2022). Judge Gilson’s opinion for the Appellate Division in this case today arose out of the settlement of long-running Mount Laurel litigation. In that litigation, the Borough of Englewood Cliffs lost, and a builder’s remedy to allow the construction of affordable housing was awarded to a developer. The Borough then entered settlement negotiations with the builder and a public interest organization, agreed on a compromise, and submitted the settlement for approval at a fairness hearing. The...

United States v. Brace, ___ F.3d ___ (3d Cir. 2021). Every so often, attorney conduct is so egregiously bad that it results in a published opinion, and a lesson to other attorneys. This opinion by Judge Bibas is one of those. This was a suit against defendants for allegedly violating the Clean Water Act by, among other things, digging up dirt, rocks, and other material and dumping it back into defendants’ wetlands property without a permit. In defending the case, defense counsel did just about every wrong thing that one can do. The result was that the District Court struck...