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New Jersey Case Commentaries

Set-Aside Primary Results Create an “Inoperative” Nomination Filled by Party Committee Under N.J.S.A. 19:13-20; No Post-Election Special Primaries or Dual-Candidate Ballots

Set-Aside Primary Results Create an “Inoperative” Nomination Filled by Party Committee Under N.J.S.A. 19:13-20; No Post-Election Special Primaries or Dual-Candidate Ballots

Date: Oct 30, 2025
Set-Aside Primary Results Create an “Inoperative” Nomination Filled by Party Committee Under N.J.S.A. 19:13-20; No Post-Election Special Primaries or Dual-Candidate Ballots Introduction This...

        Offence-Date Baseline Reaffirmed for Ex-Post-Facto Parole Challenges:
        Commentary on Fred Krug v. New Jersey State Parole Board

Offence-Date Baseline Reaffirmed for Ex-Post-Facto Parole Challenges: Commentary on Fred Krug v. New Jersey State Parole Board

Date: Aug 13, 2025
Offence-Date Baseline Reaffirmed for Ex-Post-Facto Parole Challenges: A Structured Commentary on Fred Krug v. New Jersey State Parole Board (N.J. 2025) 1. Introduction In Fred Krug v. New Jersey...
“One Year to Sue”: The New Jersey Supreme Court Aligns False-Light Privacy Claims with Defamation for Statute-of-Limitations Purposes

“One Year to Sue”: The New Jersey Supreme Court Aligns False-Light Privacy Claims with Defamation for Statute-of-Limitations Purposes

Date: Aug 13, 2025
“One Year to Sue”: The New Jersey Supreme Court Aligns False-Light Privacy Claims with Defamation for Statute-of-Limitations Purposes Introduction On 7 August 2025, the Supreme Court of New Jersey...
From “Patent and Gross” to “Ordinary”: State v. Taylor Jr. Redefines Judicial Review of Graves Act Waiver Denials

From “Patent and Gross” to “Ordinary”: State v. Taylor Jr. Redefines Judicial Review of Graves Act Waiver Denials

Date: Aug 13, 2025
From “Patent and Gross” to “Ordinary”: State v. Taylor Jr. Establishes the Abuse-of-Discretion Standard for Graves Act Waiver Reviews Introduction State v. Delshon J. Taylor Jr., 259 N.J. ___ (2025),...

        State v. Cromedy – 2025 NJ Supreme Court Declares N.J.S.A. 2C:39-5(j) a Stand-Alone First-Degree Offence
        Unaffected by the Graves Act

State v. Cromedy – 2025 NJ Supreme Court Declares N.J.S.A. 2C:39-5(j) a Stand-Alone First-Degree Offence Unaffected by the Graves Act

Date: Aug 6, 2025
State v. Cromedy: N.J.S.A. 2C:39-5(j) Is a Substantive First-Degree Crime Outside the Graves Act’s Mandatory Parole Bar Introduction On 5 August 2025 the Supreme Court of New Jersey, in State v....
Between Expungement and Transparency: The “Redact-Then-Balance” Rule for Police Internal-Affairs Records — Commentary on States Newsroom Inc. v. City of Jersey City (N.J. 2025)

Between Expungement and Transparency: The “Redact-Then-Balance” Rule for Police Internal-Affairs Records — Commentary on States Newsroom Inc. v. City of Jersey City (N.J. 2025)

Date: Aug 5, 2025
Between Expungement and Transparency: The “Redact-Then-Balance” Rule for Police Internal-Affairs Records — Commentary on States Newsroom Inc. v. City of Jersey City (Supreme Court of New Jersey,...
“Franchisee-Only Standing” – The New Jersey Supreme Court Conclusively Limits FPA Causes of Action to Franchisees

“Franchisee-Only Standing” – The New Jersey Supreme Court Conclusively Limits FPA Causes of Action to Franchisees

Date: Aug 2, 2025
“Franchisee-Only Standing” – The New Jersey Supreme Court Conclusively Limits FPA Causes of Action to Franchisees Introduction New Jersey Coalition of Automotive Retailers, Inc. v. Ford Motor...
No Mandatory Physical Examination but Contemporaneous Medical Evidence Required: The New Standard for Compassionate Release Eligibility in New Jersey

No Mandatory Physical Examination but Contemporaneous Medical Evidence Required: The New Standard for Compassionate Release Eligibility in New Jersey

Date: Aug 2, 2025
No Mandatory Physical Examination but Contemporaneous Medical Evidence Required: The New Standard for Compassionate Release Eligibility in New Jersey 1. Introduction In M.R. v. New Jersey Department...
Unpaid PFRS Benefits Must Revert to the Estate Absent an Express Written Beneficiary Designation — The Isaac Precedent

Unpaid PFRS Benefits Must Revert to the Estate Absent an Express Written Beneficiary Designation — The Isaac Precedent

Date: Aug 2, 2025
Unpaid PFRS Benefits Must Revert to the Estate Absent an Express Written Beneficiary Designation — The Isaac Precedent Introduction In Keith Isaac (deceased) v. Board of Trustees, Police and...
State v. Fenimore: A New Rule Requiring Warrants for Vehicle Searches Conducted at Police Facilities

State v. Fenimore: A New Rule Requiring Warrants for Vehicle Searches Conducted at Police Facilities

Date: Aug 2, 2025
State v. Fenimore: A New Rule Requiring Warrants for Vehicle Searches Conducted at Police Facilities Introduction On 30 July 2025 the New Jersey Supreme Court delivered a unanimous opinion in State...
“Probing, Public & Particular” – The New Jersey Supreme Court’s Mandatory Protocol for Mid-Trial Juror-Misconduct Inquiries

“Probing, Public & Particular” – The New Jersey Supreme Court’s Mandatory Protocol for Mid-Trial Juror-Misconduct Inquiries

Date: Jul 27, 2025
“Probing, Public & Particular” – The New Jersey Supreme Court’s Mandatory Protocol for Mid-Trial Juror-Misconduct Inquiries 1. Introduction State v. Ebenezer Byrd; Jerry J. Spraulding; Gregory A....
“Targeted Legislative Ratification” –  The New Jersey Supreme Court’s New Test for Attorney-General Supersession of Municipal Police Departments

“Targeted Legislative Ratification” – The New Jersey Supreme Court’s New Test for Attorney-General Supersession of Municipal Police Departments

Date: Jul 24, 2025
“Targeted Legislative Ratification” – The New Jersey Supreme Court’s New Test for Attorney-General Supersession of Municipal Police Departments Introduction In Mirza M. Bulur v. New Jersey Office of...
State v. Hernandez-Peralta: Limiting Padilla — No Constitutional Duty to Investigate Citizenship Beyond the Client’s Own Answer

State v. Hernandez-Peralta: Limiting Padilla — No Constitutional Duty to Investigate Citizenship Beyond the Client’s Own Answer

Date: Jul 24, 2025
State v. Hernandez-Peralta (2025): “No Independent Duty to Verify Citizenship” — A New Limit on Padilla Obligations for Sentencing Counsel 1. Introduction In State v. Juan C. Hernandez-Peralta, the...
“No Taking in Treating the Indigent” – The New Jersey Supreme Court Affirms that Mandatory Charity-Care Is Not a Compensable Taking

“No Taking in Treating the Indigent” – The New Jersey Supreme Court Affirms that Mandatory Charity-Care Is Not a Compensable Taking

Date: Jul 17, 2025
“No Taking in Treating the Indigent”: Englewood Hospital & Medical Center v. State Sets the Modern Boundary Between Public-Health Obligations and Property Rights 1. Introduction On 16 July 2025 the...
Requiring Impartial Planning Board Review in Municipal De-annexation Petitions: Commentary on Donald Whiteman v. Township Council of Berkeley Township

Requiring Impartial Planning Board Review in Municipal De-annexation Petitions: Commentary on Donald Whiteman v. Township Council of Berkeley Township

Date: Jul 11, 2025
Requiring Impartial Planning Board Review in Municipal De-annexation Petitions: A Commentary on Donald Whiteman v. Township Council of Berkeley Township (2025) 1. Introduction The Supreme Court of...
Specificity as the Keystone: New Jersey Supreme Court Clarifies When Habit Evidence Creates a Rebuttable Presumption (Fazio v. Altice USA, 2025)

Specificity as the Keystone: New Jersey Supreme Court Clarifies When Habit Evidence Creates a Rebuttable Presumption (Fazio v. Altice USA, 2025)

Date: Jul 10, 2025
Specificity as the Keystone: New Jersey Supreme Court Clarifies When Habit Evidence Creates a Rebuttable Presumption Commentary on Gerald Fazio Jr. v. Altice USA, 256 N.J. ___ (2025) 1. Introduction...
“Visual-Compactness” over Algorithms:  The New Jersey Supreme Court Defines the Boundaries of Municipal Redistricting Discretion

“Visual-Compactness” over Algorithms: The New Jersey Supreme Court Defines the Boundaries of Municipal Redistricting Discretion

Date: Jun 20, 2025
“Visual-Compactness” over Algorithms: Supreme Court Clarifies the Municipal Ward Law in Jersey City United Against the New Ward Map v. Jersey City Ward Commission 1. Introduction Following Jersey...
“Daniel’s Law” Survives First-Amendment Scrutiny: Narrow-Tailored Protection of Public-Officials’ Home Addresses Upheld

“Daniel’s Law” Survives First-Amendment Scrutiny: Narrow-Tailored Protection of Public-Officials’ Home Addresses Upheld

Date: Jun 18, 2025
“Daniel’s Law” Survives First-Amendment Scrutiny: Narrow-Tailored Protection of Public-Officials’ Home Addresses Upheld Introduction In Charles Kratovil v. City of New Brunswick, the Supreme Court of...
No Hypothetical Presentments: New Jersey Supreme Court Bars Pre-emptive Suppression of Non-Existent Grand Jury Reports

No Hypothetical Presentments: New Jersey Supreme Court Bars Pre-emptive Suppression of Non-Existent Grand Jury Reports

Date: Jun 18, 2025
No Hypothetical Presentments: New Jersey Supreme Court Bars Pre-emptive Suppression of Non-Existent Grand Jury Reports 1. Introduction In In Re the Matter Concerning the State Grand Jury (A-15-24,...
Question-by-Question Fifth Amendment Privilege in PDVA FRO Hearings: No Adverse Inference

Question-by-Question Fifth Amendment Privilege in PDVA FRO Hearings: No Adverse Inference

Date: May 28, 2025
Question-by-Question Fifth Amendment Privilege in PDVA FRO Hearings: No Adverse Inference Introduction The Supreme Court of New Jersey’s decision in M.A. v. J.H.M. (2025) addresses a critical...
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