Supreme Court reversal (March 2017)

In State v. Robertson, 2017 N.J. LEXIS 236 (Mar. 8, 2017), the New Jersey Supreme Court issued a decision announcing new standards for stays pending appeal from Municipal Court to the Law Division and from the Law Division to the Appellate Division. I wrote the Petition and Reply brief for the Defendant-Petitioner, and in addition to the State, there were four separate amici briefs filed as well. Our arguments were for the most part accepted by the Court, and it reversed the Appellate Division’s decision holding that the Crowe v. DeGoia standard applied. Interesting case, the finding of guilt and penalties were not at issue, the only issue before the Court were which standards applied going forward.