Opinion Summaries
At Sullivan | Simon, we read and summarize every precedential opinion from all of the state appellate courts in Pennsylvania and New Jersey, as well as the Third Circuit Court of Appeals.
The New Jersey Superior Court affirmed the opinion of the Appellate Division, holding that New Jersey State Bar Ass’n v. New Jersey Ass’n of Realtor Boards does not prohibit an auction house from providing a contract for sale without a three-day attorney review period. The issue arose when someone bought the property at an auction,… Continue reading Sullivan v. Max Spann Real Estate & Auction Co.
The Pennsylvania Superior Court affirmed the Court of Common Pleas order that granted the defendant’s motion to suppress evidence seized as the result of a traffic stop. The defendant was the passenger in a vehicle, and the contraband he sought to suppress was located in the glove compartment. The Commonwealth appealed, claiming that the defendant… Continue reading Commonwealth v. Skipper
In these consolidated appeals, the New Jersey Appellate Division held that a defendant who received a prior conditional discharge for a low-level marijuana offense is ineligible for PTI. The case turned on the Court’s interpretation of the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act. The Court ruled that “the Legislature’s differential treatment… Continue reading State v. Gomes
The Pennsylvania Superior Court affirmed the trial court’s finding that Appellant violated parole, but reversed its ruling that Appellant anticipatorily violated probation. The Court held that “in light of the recent Superior Court decision in Simmons, the trial court imposed an illegal sentence for the probation violation because at the time Appellant engaged in the… Continue reading Commonwealth v. Cooper
In a per curium opinion, the Third Circuit dealt with an issue that “has confused defendants and divided courts in the Third Circuit”: Whether courts may excuse medical marijuana use in bond revocation hearings. Unsurprisingly, the Court ruled that courts may not permit the use of medical marijuana in such circumstances because “it is beyond… Continue reading United States v. Cannon
The Pennsylvania Superior Court reversed the Court of Common Pleas order that denied the plaintiffs’ motion to strike its earlier praecipe to discontinue the action. The Superior Court noted the “prolonged litigation” and that “plaintiffs in this case ha[ve] created a procedural morass that is entirely of their own making.” But the issue dealt with… Continue reading U.S. Bank Trust Nat’l Assoc. v. Unknown Heirs
The New Jersey Appellate Division concluded its 166-page opinion by stating that “to the extent we have not addressed them, any additional arguments raised by defendant lack sufficient merit to warrant discussion in this opinion.” The arguments the Court reviewed were critical criminal law issues. First, the Court held that the trial court violated the… Continue reading State v. Watson
The New Jersey Supreme Supreme Court affirmed the defendants’ murder convictions. First, the defendants were convicted in federal court of various drug offenses and the discharge of a firearm during the commission of a drug trafficking crime. They received a sentence enhancement that applies if a victim was killed under circumstances that would constitute murder.… Continue reading State v. Derry
The New Jersey Supreme Court affirmed its prior ruling permitting life without the possibility of parole . . . for lawyers. In 1979, the Court decided In re Wilson, which called for automatic disbarment of attorneys who knowingly misappropriate client funds. Under that rule, disbarment is permanent and ends one’s ability to practice law. Here,… Continue reading In re Wade
The Pennsylvania Commonwealth Court denied Inmate DuBoise’s Application for Summary Relief seeking judgment against the State Correctional Institution at Forest’s Medical Records Custodian, who denied DuBoise’s request to obtain his mental health treatment records. The Commonwealth Court ruled that the Department of Corrections’ (DOC) relevant policy does not unreasonably infringe on DuBoise’s equal protection rights.… Continue reading DuBoise v. Rumick