An Officer Standing in The Driveway Without a Warrant Cannot Utilize the Warrantless Search of Plain View If the Officer is Not Lawfully in the Area at the Time

February 14, 2023 |

State v. Raymond Ingram Appellate Docket No.: A-1500-20 Decided February 13, 2023 Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. In a recent published opinion, the Appellate Division of New Jersey reversed a denial of a motion to suppress after finding that officers were not lawfully in the defendant’s driveway and could not view the…

Warrantless Search and Seizure of Weapons Was Impermissible, Unsupported by Probable Cause, and Without Exigent Circumstances

February 10, 2023 |

In the Matter of J.M. Docket No. A-1026-20 Decided January 26, 2023 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided appellant’s appeal from a Temporary Extreme Risk Protective Order (“TERPO”) and Final Extreme Risk Protective Order (“FERPO”) entered against him, as well as the…

To obtain grandparent visitation, over the objection of a fit parent “must prove by a preponderance of the evidence that denial of visitation will harm the child.”

February 9, 2023 |

G.T. v. D.D. Docket No. A-3382-20 Decided February 7, 2023 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division of New Jersey remanded an order denying grandparent visitation. In G.T. v. D.D., plaintiff G.T. (Grandmother) is the mother of defendant D.D. (Mother), who gave birth to the Grandchild in…

Remanded: An Order of Sole Custody and Over $20,000 In Sanctions Due to The Court’s Failure to Allow a Custody Expert to Be Cross Examined

February 3, 2023 |

R.G. v. K.G. Docket No. A-0464-21 Decided February 2, 2023 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division of New Jersey remanded an order of sole custody and over $20,000 in sanctions due to the Court’s failure to allow a custody expert to be cross examined. In R.G.…

Motion To Suppress a Statement Made to Police While Suffering Serious Wounds and Being Under the Influence of Medication

February 3, 2023 |

State of New Jersey v. Rollie Ellis Docket No. A-3606-19 Decided January 18, 2023 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal of the denial of her motion to suppress a statement she made to police about stabbing the victims. In April…

Appeal From a Final Restraining Order (“FRO”) Entered Against Defendant Based on the Predicate Act of Terroristic Threats

January 31, 2023 |

M.W. v. M.B.W. Docket No. A-1105-21 Decided January 11, 2023 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from a final restraining order (“FRO”) entered against him based on the predicate act of terroristic threats. The parties resided with one another for…

Petty Disorderly Persons Simple Assault Rather Than Disorderly Persons Simple Assault

January 25, 2023 |

State of New Jersey v. Adrian Birch Docket No. A-1429-21 Decided January 4, 2023 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal of his conviction for simple assault against his then-wife. In June 2019, after 48 years of marriage, the defendant wanted…

State of New Jersey v. William Mongillo, Jr.: Appeal from an Order Finding Defendant Guilty Of DUI, Refusal to Submit to a Breath Test, Reckless Driving, and Failure to Maintain Lane

January 13, 2023 |

State of New Jersey v. William Mongillo, Jr. Docket No. A-3002-20 Decided December 30, 2022 Submitted by New Jersey DWI Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from an order finding him guilty of DUI, refusal to submit to a breath test, reckless driving, and failure…

Glenn Hughes v. Jason Worthington: Determined Whether Injuries Were Permanent and Causally Related to the Accident

January 12, 2023 |

Glenn Hughes v. Jason Worthington Docket No. A-0854-21 Decided December 30, 2022 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Court of New Jersey decided plaintiff’s appeal from an order dismissing his personal injury complaint with prejudice. In October 2017, plaintiff rear-ended defendant’s vehicle in an automobile accident.…

State of New Jersey v. Markies Wells: Motion to Suppress Evidence Seized as a Result of an Unlawful Search

January 10, 2023 |

State of New Jersey v. Markies Wells Docket No. A-2335-19 Decided December 23, 2022 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from his convictions arising from a motor vehicle stop. The facts of this case are as follows: In March 2017…