Case Brief: State v. Figueroa

July 29, 2021 |

Superior Court of New Jersey, Appellate Division (2021) Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Parties:               Plaintiff-Respondent: State of New Jersey Defendant-Appellant: Andre Figueroa Facts:                  Figueroa was spotted by a police officer emerging from between two houses late at night in a vacation town during winter.  Most people are away during winter and it was…

Slip And Fall Injury on Ice in An Area of a Driveway That Led from A Public Street to A Parking Lot

July 27, 2021 |

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0947-19 JEANNIE GREENSTEIN and JON GREENSTEIN, her spouse, Plaintiffs-Appellants, v. FORSGATE INDUSTRIAL COMPLEX a/k/a FORSGATE INDUSTRIAL COMPLEX, LP, FORSGATE VENTURES XI, LLC, SAMSUNG SDS AMERICA, INC., and JENI LLC a/k/a JENI LLC NJ LTD, Defendants, and AMAZON.COM.DEDC, LLC, and BERGEN OUTDOORS, INC. t/a BERGEN LANDSCAPING, Defendants-Respondents.…

Rule 1:1-2 Is Used When an Attorney Makes a Mistake for a Client

July 22, 2021 |

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-3903-19 ALTON NICHOLS, Plaintiff-Respondent, v. DUKE LINDEN, LLC, DUKE REALTY LIMITED PARTNERSHIP, DUKE REALTY CORPORATION, BRIGHTVIEW LANDSCAPES, LLC, and CARUSO LANDSCAPING,   Defendants-Appellants, and WAYFAIR, LLC, and WAYFAIR, INC., Defendants, and BRIGHTVIEW LANDSCAPING, LLC, Defendant/Third-Party Plaintiff, v. CARUSO LANDSCAPING and INTERNATIONAL INSURANCE COMPANY OF HANNOVER,  …

A Petitioner Bears the Burden to Establish the Compensability of The Worker’s Compensation Claim

July 21, 2021 |

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET No. A-3625-19 ANDREW MACKOFF, Petitioner-Appellant, v. NEW BRUNSWICK SAW SERVICE, Respondent-Respondent. __________________________ Submitted March 3, 2021 – Decided July 14, 2021 Submitted by New Jersey Workers’ Compensation Lawyer, Jeffrey Hark. Petitioner was employed by New Brunswick Saw Services as a salesperson and account manager. Respondent sells and services…

A REVIEW OF NEW JERSEY’S “RED FLAG LAW”

July 20, 2021 |

Temporary Extreme Risk Protective Order (TERPO) IN THE MATTER OF D.L.B. Appellate Docket No.: A-1035-20 Decided July 14, 2021 In a recent published opinion, the Appellate Division of New Jersey reviewed a denial of a Final Extreme Risk Protective Order (FERPO) in light of respondent brandishing a handgun. In the Matter of D.L.B., police received…

Police Are Trained to Draw Out Confessions in Suspects, Always Ask for A Lawyer Upon Questioning

July 20, 2021 |

State v. Malone Appellate Docket No.: A-1339-18 Decided July 16, 2021 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey reviewed whether a robbery conviction was proper after defendant confessed after a four hour break in questioning and the defendant’s recorded phone calls from the jail…

Future of Court Operations – Remote and In-Person Proceedings

July 19, 2021 |

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark

There Are Different Levels of Suspicion Necessary for Officers to Effectuate a Traffic Stop, Investigation, Request a Search Warrant, And Search and Seize Property

July 16, 2021 |

State v. Muhammad Appellate Docket No.: A-3017-18 Decided July 15, 2021 Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Division of New Jersey reviewed whether a fifteen second delay was a violation of the knock and announce rule to search warrants before breaching entry. In State v. Muhammad,…

Being Found Guilty of More Than One Contempt Charge Will Result in A Mandatory Minimum 30-Day Jail Sentence

July 15, 2021 |

State v. H.S.G. Appellate Docket No.: A-5188-18 Decided July 14, 2021 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Division of New Jersey reviewed whether defendant knowingly violated a Temporary Restraining Order (TRO) when he claimed he thought it had expired. In State v. H.S.G., on March 23, 2019,…

There Are Different Standards for An Officer to Effectuate a Traffic Stop, Investigation, Arrest or Search

July 15, 2021 |

State v. Alvarez-Mercedes Appellate Docket No.: A-1201-20 Decided July 13, 2021 Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Division of New Jersey reversed a granting of a motion to suppress of heroin found in a towed vehicle after a confidential informant provided a tip that defendant would…