Appellate Law NJ Blog
  • Home
  • Bruce Greenberg

Two Compassionate Releases Get Put on the Fast Track at the Supreme Court

Posted by Bruce D. Greenberg on Jun 17, 2022 in Criminal law, Standards of review, Statutory interpretation, Supreme Court of New Jersey | 0 comments

The Supreme Court announced that it has granted certification in two new cases, State v. A.M. and State v. Oliver. The question presented, as phrased by the Supreme Court Clerk’s office, is the same in both appeals: “Does a trial court have discretion to deny an inmate’s petition for compassionate release if the court finds, by clear and convincing evidence, that the inmate ‘is so debilitated or incapacitated by the terminal condition, disease or syndrome, or permanent physical incapacity as to be permanently physically incapable of committing a crime if released and, in the case of a permanent physical incapacity,’ the inmate ‘would not pose a threat to public safety,’ under N.J.S.A. 30:4-123.51e(f)(1)?”

In Oliver, the Law Division in February 2022 found that it had discretion under these circumstances and denied compassionate release. The case was apparently pending in the Appellate Division when the Supreme Court granted review.

In May 2022, a three-judge panel of the Appellate Division held in A.M. that trial courts do not have discretion to deny compassionate release if the statutory criteria are met. The court reversed a Law Division decision that had denied compassionate release in those circumstances. That Appellate Division decision was approved for publication but does not yet have an official reporter citation. It is available at 2022 N.J. Super. LEXIS 57 and 2022 WL 1296601.


Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

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

 

Subscribe

  • reader reader
  • Subscribe to Appellate Law NJ Blog by Email

Archives

Links

  • An Appeal to Reason – California Appellate blog
  • Class Action Blawg
  • De Novo- Virginia Appellate Law blog
  • Florida Appellate Review
  • How Appealing
  • Maine Appeals Blog
  • New York Appellate Law blog
  • NJ Judiciary
  • On Brief – Iowa Appellate Law Blog
  • Third Circuit Blog
  • Third Circuit Court of Appeals

Categories

  • Administrative agency actions
  • Administrative matters
  • Appellate Division
  • Attorneys fees
  • Case management
  • Chancery issues
  • Class actions
  • Constitutional law
  • Consumer protection
  • Contract interpretation
  • Criminal law
  • Discovery
  • Effect of decisions by other courts
  • Judges
  • Jury issues
  • Municipal land use
  • Notable opinion writing
  • Pleadings
  • Practice Pointers
  • Standards of review
  • Statutory interpretation
  • Summary judgment
  • Supreme Court of New Jersey
  • Third Circuit Court of Appeals
  • Uncategorized
  • United States Supreme Court

Tags

Administrative agency actions Arbitration Briefs Chief Justice Stuart Rabner Court Rules Family Part interlocutory vs. final decisions Judge Allison Accurso Judge Anthony Parrillo Judge Carmen Alvarez Judge Carmen Messano Judge Clarkson Fisher Judge D. Brooks Smith Judge Douglas Fasciale Judge Ellen Koblitz Judge Heidi Willis Currier Judge Jack Sabatino Judge Jose Fuentes Judge Julio Fuentes Judge Kent Jordan Judge Marianne Espinosa Judge Marie Lihotz Judge Mary Catherine Cuff Judge Michael Haas Judge Mitchel Ostrer Judge Stephen Skillman Judge Susan Reisner Judge Thomas Ambro Judge Thomas Hardiman Judge Victor Ashrafi Justice Anne Patterson Justice Barry Albin Justice Fabiana Pierre-Louis Justice Faustino Fernandez-Vina Justice Helen Hoens Justice Jaynee LaVecchia Justice Lee Solomon Justice Walter Timpone Law of the case Makeup of court Notice of appeal Prerogative writ appeals Standing Statute of limitations Waiver

Designed by Elegant Themes | Powered by Wordpress