The Appellate Unit is responsible for opposing the appeals filed by adult criminal defendants and juveniles adjudicated delinquent in the Superior Court of New Jersey, Hudson County. This section also handles appeals from municipal court convictions, appeals filed on behalf of the State, and petitions for post-conviction relief. Additionally, the Unit prepares answers, appendices, and other appropriate motions in response to petitions for writs of habeas corpus filed in the United States District Court for the District of New Jersey, as well as those matters that proceed to the United States Court of Appeals for the Third Circuit.
Appellate work involves a comprehensive review of the record, researching legal issues, writing briefs, preparing any necessary motions, and, in some cases, appearing before the Court for oral argument. Assistant Prosecutors appear before the Superior Court on municipal appeals and petitions for post-conviction relief. Assistant Prosecutors also appear at oral arguments scheduled in cases pending before the New Jersey Superior Court, Appellate Division, on both the plenary calendar and the monthly excessive sentencing oral argument calendar. In cases that reach the New Jersey Supreme Court, Assistant Prosecutors will appear before the Court for oral argument.
The Appellate Unit provides assistance and support to other units within the Office with legal issues that arise in cases pending before the trial courts. The Unit provides support in the preparation and filing of interlocutory and emergent appeals by the State when a judge has, in our estimation, ruled erroneously or has made adverse pre-trial or post-trial rulings. Additionally, legal updates and case summaries are disseminated by the unit to the entire legal staff in order to keep them informed of changes in the law.