APPELLATE DIVISION REVERSES CONVICTION OF VIOLATION OF RESTRAINING ORDER AFTER DEFENDANT THREATENS ORDER TO SHOW CAUSE OVER CO-PARENTING APPLICATION “OUR FAMILY WIZARD”

January 2, 2024 |

State v. R.L. DOCKET NO. A-0631-22 Decided December 29, 2023 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished decision, the Appellate Division of New Jersey reversed a conviction for contempt of a restraining order after finding that defendant’s communications in the co-parenting application “Our Family Wizard” (OFW) were deemed to be not…

Court Upholds Attorney’s Fees in DV Case Appeal – NJ Appellate Decision

December 29, 2023 |

U.G. v. T.S.  Docket No. A-1803-21 Decided December 21, 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 In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from a Family Part order awarding plaintiff attorney’s fees under the Prevention of Domestic Violence Act (PDVA), N.J.S.A. 2C:25-17 to -35. In 2010, the…

State of NJ v. Billy Flagg: Upheld Denial of Motion to Suppress – Dec 20, 2023

December 27, 2023 |

State of New Jersey v. Billy Flagg Docket No. A-3682-21 Decided December 20, 2023 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from a March 2022 Law Division order denying his motion to suppress a firearm seized during a warrantless search of…

Court Upholds Summary Judgment in Nayith Cantillo v. Veronica Lizano-Valerio – Dec 20, 2023

December 26, 2023 |

Nayith Cantillo v. Veronica Lizano-Valerio Docket No. A-2317-21 Decided December 20, 2023 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 In a recent unpublished opinion, the Appellate Court of New Jersey decided plaintiff’s appeal from a Law Division order granting summary judgment to defendant and dismissing plaintiff’s complaint, as well as a March 2022 order…

A.I. v. D.I. Legal Saga: FRO Dissolution Denied, Appellate Court Upholds Decision – Dec 11, 2023

December 20, 2023 |

A.I. v. D.I. Docket No. A-0658-22 Decided December 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 In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from the trial court’s denial of his second motion to dissolve a Final Restraining Order (FRO). After a four-year relationship with the defendant, in…

Employee’s Car Accident Commuting to Work Deemed Compensable for Workers Compensation Claim

November 27, 2023 |

Henry Keim v. Above All Termite & Pest Control Docket No.: A-30-22 Decided November 21, 2023 Submitted by New Jersey Workers’ Compensation Lawyer, Jeffrey Hark. In a recent decision, the Supreme Court of New Jersey reversed the dismissal of petitioner’s claim finding an employee’s car accident was in the court of employment under the “authorized vehicle…

NJ Supreme Court Rules on Miranda Warnings in Hospital

November 21, 2023 |

State of New Jersey v. Amandeep Tiwana Docket No. (A-36-22) (087919) Decided November 20, 2023 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent published opinion, the Supreme Court of New Jersey was tasked with determining whether an investigating detective’s self-introduction to defendant at her bedside in the hospital following a car crash initiated…

PTI Program Appeal: State’s Discretion and Trial Judge’s Intervention

November 20, 2023 |

State of New Jersey v. C.G.H.  Docket No. A-2065-22 Decided November 13, 2023 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided the State’s appeal from a Law Division order admitting defendant into the Pre-Trial Intervention (“PTI”) Program over the objection of the Ocean County…

In The Matter of The Appeal of The Denial of The Application for Firearms Purchaser Identification Card and Permits to Purchase a Handgun N.M.

November 17, 2023 |

Appellate Docket No.: A-2445-21 Decided November 14, 2023 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey affirmed a denial of petitioner’s Firearms Purchaser Identification Card (FPIC or FID) and handgun purchase permits (“HPP”) after petitioner was to have a prior Driving while intoxicated (DWI) conviction,…

Daubert Standard in Criminal Appeals: DRE Testimony Admissibility and Review

November 15, 2023 |

Summarize Olenoswski Decision 11-15-23.pdf Submitted by New Jersey Criminal Lawyer, Jeffrey Hark The document is a syllabus summarizing the court’s opinion in State v. Michael Olenowski. It discusses the court’s consideration of whether Drug Recognition Expert (DRE) testimony is reliable and admissible under the Daubert standard, as well as the appropriate standard of review for Daubert-based…