Robertelli v. Robertelli Docket No. A-1187-19T2 Decided January 15, 2021 Submitted by New Jersey Family Law Firm, Hark and Hark In a recent unpublished decision the Appellate Division reversed a trial court’s denial of oral argument and plaintiff’s motion to modify parenting time. In Robertelli, the parties were married for 13 years before divorce and had…
Submitted by New Jersey DWI Lawyer, Jeffrey Hark. Michale Fagg appeals his conviction of driving while intoxicated DWI. At around 1:30 AM, witness Jill Muriithi noticed that a vehicle was parked at the entrance of the parking lot of her apartment complex. The vehicle was just sitting there with its lights on. She had to pull…
State v. Gideon Appellate Docket No.: A-31-19 Decided January 14, 2021 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent opinion, the Supreme Court of New Jersey reviewed an application for post conviction relief (PCR) based on ineffective assistance of counsel for failing to call alibi witnesses to a shooting. In State v. Gideon,…
Fischer v. Fischer Docket No. A-5294-18T2 Decided January 13, 2021 Submitted by New Jersey Family Law Firm, Hark and Hark In a recent unpublished decision the Appellate Division reviewed a trial court’s order giving $167,000 to defendant from plaintiff’s parents in compensation for ½ value of an unfinished home plaintiff’s parents promised the parties prior…
In re Petition for Expungement of the Criminal Record Belonging to T.O. Decided: January 11, 2021 Docket No.: A-55-19 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark The Supreme Court of New Jersey has recently ruled that a pardon by the President or Governor can now make criminal convictions eligible for expungement that were otherwise not…
State v. Gerena Appellate Docket No.: A-3655-18T2 Decided January 5, 2021 Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark In a published opinion, the Appellate Division of New Jersey ruled that lay witnesses, under the right circumstances, can testify as to the approximate age of children, overturning a Supreme Court ruling from 1916. In…
State v. Sims—-NEWS FLASH—- NJ Appellate Division on January 4, 2021 ruled that police are required to inform a defendant as to the reason for arrest before a defendant can waive their Miranda rights, even if formal charges have not been filed. Appellate Docket No.: A-2641-17T2 Decided January 4, 2021 Submitted by New Jersey Criminal Lawyer,…
State v. Herbert CRIMINAL LAW Unpublished Appellate Court NJ Filed.2020-12-18 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Defendant Gregory Herbert appeals his prior conviction and sentence of 1) Conspiracy to commit first-degree robbery; 2) third-degree possession of a weapon for an unlawful purpose; 3) offense of fourth degree-degree aggravated assault by pointing a firearm; and…
Steuber v. Desmelyk Docket No. A-600-19T2 Decided December 28, 2020 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division reviewed a trial court’s order denying defendant’s request to terminate his alimony obligation initiated by a Matrimonial Settlement Agreement (MSA) entered into just eight months prior. In Steuber, after 7…