State v. C.W.H.

In State v. C.W.H., the Appellate Division confronted a problematic trial in which the defendant was convicted of sexually assaulting his young daughter decades after the alleged crimes. The Appellate Division found plain error in testimony admitted from two of the State’s primary witnesses: the investigating detective and a relative who received the victim’s “fresh … Read more

State v. Tormasi

In State v. Tormasi, the Appellate Division weighed in on the legality of sentencing a 16-year-old defendant to a term of life imprisonment with parole eligibility after 30 years. The defendant claimed he was entitled to resentencing under State v. Zuber, 227 N.J. 422 (2017), and Article I, Paragraph 12, of the New Jersey Constitution, … Read more

Doe v. Rutgers

In Doe v. Rutgers, a former student at the School of Business at Rutgers filed a request with the school for a multitude of records under the Open Public Records Act, N.J.S.A. 47:1A-1 to -13. The student requested his own records and the records of other people from the school. The Appellate Division held that … Read more

Cruz. v. Camden Co. Police Dep’t

Cruz was arrested and indicted for murder.  After spending two years in jail, a jury acquitted him. Thereafter, he filed a civil action alleging that the lead detective misled the grand jury and thereby violated his civil rights. In Cruz v. Camden Co. Police Dep’t, the trial court granted the Department’s motion for summary judgment … Read more

State v. Gerena

In State v. Gerena, the Appellate Division declined to follow precedent from the New Jersey Court of Errors and Appeals. If you practiced in front of the Court of Errors and Appeals, you probably expect cocaine to be in your next bottle of Coca Cola. Instead, the Appellate Division held that it is within the … Read more

State v. Sims

The Appellate Division dealt with two important constitutional issues in State v. Sims. First, the Court was asked to determine whether police officers were required to inform the defendant of the charges he was arrested for, even if no charges had yet to be formally filed. Relying on the New Jersey Supreme Court’s holdings in … Read more

State v. Smith

State v. Smith was a murder trial, which had been interrupted by the pandemic, where the jury had been impaneled and sworn, and the trial was well underway. The defendants were granted leave to appeal the trial court’s order declaring a mistrial and denying their motions to dismiss the indictment on double jeopardy grounds. The … Read more

State v. Lora

In State v. Lora, the defendant led police on a high-speed chase after he stole a car from a dealership. The chase ended when police got in front of the fleeing car, and the defendant crashed into the police car. Defendant wanted to use the Attorney General’s Guidelines on Vehicular Pursuit of a Fleeing Suspect … Read more

Clark v. Nenna

Clark v. Nenna arose out of a surgical procedure that the defendant performed on the plaintiff. The plaintiff alleged emotional distress caused by the defendant’s professional negligence, i.e., failure to remove surgical washers from the plaintiff’s leg. The plaintiff did not allege that the defendant’s conduct was intentional or willful. The nature of the plaintiff’s … Read more

Garden State Inv. v. Twp. of Brick

In Garden State Inv. v. Twp. of Brick, the Appellate Division agreed with the Chancery Division that purchasers of tax sale certificates could not rescind the purchase and receive back taxes paid because they later learned that the properties subject to those taxes had a restrictive easement on them. The plaintiffs relied on Twp. of … Read more