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Grow Your Practice 25% per year - with Kevin Shulman – Expert Sales TrainerKevin is a USC graduate and a veteran of the steel industry and more than two decades as a Sales Trainer. He teases us professionals who refuse to use the word “sales” a
On October 21, 2022 the New Jersey to Supreme Court logjam was officially broken. Rachel Wainer Apter and Douglas M. Fasciale were both sworn in. As of recording of the podcast, the new Justice’s biographies are not up on the website yet. I wil
We are so fortunate to have this thoughtful and evolving analysis of the NJ Supreme Court by Joe Fischetti, Esq. His day job is Assistant General Counsel with Valley Health System. Joe previously served as Law Clerk to Chief Justice Rabner. Joe
State v. Steven Bookman - The Court limits pursuit of offender subject to a warrant into 3rd party's home.State v. A.L.A. - Affirmative defense of corporal punishment to be instructed on jury charges - including simple assault charge in child e
Two NJ Supreme Court nominees are moving while Appellate Division judges are temporarily elevated. Rachel Wainer Apter -Director of the New Jersey Division on Civil Rights - to be Re-nominated for a full term. Hon. Douglas M. Fasciale - tempor
State v. Mackroy-Davis - Importance of Speedy Trials for 6000 accused detained pending trial.State v. Clark - Suppression of recorded statement upon invocation of counsel.State v. Goldsmith - Suppression of gun recovered from improper stop.Sta
State v. Mykal and Malik DerryConcurrent "dual sovereignty" - definition of "is" - drug dealers convicted in Federal case for discharge of weapon and State court for murder arising out of the same conduct. Slang interpreted by FBI Agent is expe
Sullivan v. Max Spann AuctionsThe 3 day attorney review clause does NOT apply to auction sales.Samolyk v. BertheRescue Doctrine affords a cause of action for one who attempts to rescue another person from self-created peril. The claim fails whe
State v. AcoliTrooper killer released on parole after 49 years and make big news.State v. Bell2 Deaths from leaving the scene of 1 accident equals 1 crimeMack Cali Realty v. State of NJJersey City worker tax and residency exemptionState v. Thom
Alphabet Soup Show NotesI recently saw (through a zoom arbitration) Judge Mary Catherine Cuff - Retired PJAD who served “temporarily” on the NJ Supreme Court from 2012 - 2016 until the appointment of Justice Walter Timpone. The Arb was a pleasu
Joseph A. Fischetti, Esquire is our Guest. Link to NJ Supreme Court cases featuring Joe as Counsel or on the Brief.Joe loves his Stats. Here is a link to a fantastic set of NJ Supreme Court Stats.We even snuck in one interesting case analysis:
Jeter v. Sam's Club - “mode of operation” does not apply where the grapes are in closed containers versus open top bags; trail court not to handle motions in limine as dispositive motionsRivera v. Union County Prosecutor's Office - Common law r
Moynihan v. Lynch - The Biggest Palimony case in Decades. The NJ Supreme Court voids an element of the Statute of Frauds that required BOTH parties to have independent counsel to create an enforceable palimony alimony.Congressional Redistrictin
State v. Radel & State v. Terres - standards for the protective sweep “inside” after an “outside” arrest; reasonable articulable suspicionState v. Nyema and State v. Myers - reasonable articulable suspicion for auto stop - explored in depth - w
Justice Jaynee Lavecchia retired forever effective December 31, 2021. Senior App Div Judge Jose Fuentes is temporarily assigned to the NJ Supreme Court by Chief Justice Rabner. Then Justice Faustino Fernandez-Vina retires because "constitutiona
NJ's premiere Appellate law blogger Bruce Greenberg is our guest- click here to check out Bruce's blog -NJ Appellate Blog 2021 Wrap-up - (3) important policy casesWinberry v. Rutherford - government immunity limitedRios v. Meda Pharma - (2) rac
State v. Carrion and State v. HedegespethNJ Gun registry and EvidenceState v. Cynthia Garcia - youth as “mitigating” factor onlyState v. Gerena - lay opinion testimony regarding “age”State v. Comer and State v. Zarate - juvenile “life” sentence
Meg McCormick Hoerner - rejoins the podcast and takes a deep dive into the 2021 NJ Supreme Court cases that made law and headlines and previews important cases on teh docket for 2022.Check out Meg's excellent podcast and her website https://njc
Alex Shalom the prolific NJ Supreme Court litigator and Director of Supreme Court Advocacy at the ACLU-NJ rejoins the podcast to wrap-up a couple of interesting cases decided by the NJ Supreme Court in 2021 and to preview the important cases c
COVID COURT ALERT!The NJ Supreme Court and AOC issued an order to continue handling most routine court matters virtually. Here is the Order - https://www.njcourts.gov/notices/2021/n211118a.pdf?c=BMD(1) Case - G.C. v. Division of Medical Assista
What Makes a Court Supreme by Associate Justice of the NJ Supreme Court Daniel J. O'Hern is a short book chock full of serious analysis and charming tales of the Wilentz Court - lead by NJ Supreme Court Chief Justice Robert N. Wilentz. https
State v. Mark Melvin & State v. Michelle Paden-Battle - sentencing judge cannot serve as the metaphorical “13th juror” and render a sentence based upon crimes for which the defendant was acquitted.https://www.njcourts.gov/attorneys/assets/opin
State v. HANNAH - the sale of heroin branded "Gotta Have It" , double-murder and (14) years of post-conviction litigation leads to an order for a new trial on grounds:ineffective assistance of counsel andmisapplication of the "statement against
1. Shelley Pritchett v. State of New Jersey - $10 million Punitive Damages against the State of New Jerseyhttps://www.njcourts.gov/attorneys/assets/opinions/supreme/a_5_20.pdf?c=4HU 2. Bonay Goldhagen v. Susan Pasmowitz - Dog Bite Statute - str
State v Bennie Anderson - $300 bribe costs $1million plus in forfeited pension.State v Rasheem McQueen - the search for the “blicky” - recorded conversation at the PD - suppressed. It turns out you actually do get your “one phone call” down a
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