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 In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from the trial court’s denial of his second motion to dissolve a Final Restraining Order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 Docket No. A-2065-22 Decided November 13, 2023 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided the State’s appeal from a Law Division order admitting defendant into the Pre-Trial Intervention (“PTI”)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Docket No.: A-2445-21 Decided November 14, 2023 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey affirmed a denial of petitioner’s Firearms Purchaser Identification Card (FPIC or FID) and handgun purchase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…

NJ Court Upholds Search: Emergency Aid Doctrine in Warrantless Hotel Room Entry

November 10, 2023 |

State of New Jersey v. Pedro Sarkis-Farahlaporte Docket No. A-2836-21 Decided October 27, 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 an order denying his motion to suppress evidence from a warrantless search of a hotel room he was occupying.…

New Jersey Domestic Violence Charges Must Be Dismissed When a Victim Invokes Their 5th Amendment Rights with No Other Witnesses

November 10, 2023 |

State v. D.A.B. Appellate Docket No.: A-1848-22 Decided September 19, 2023 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Division of New Jersey affirmed a dismissal of criminal charges related to a domestic violence matter after the prosecutor failed to disclose conversations with the victim in which the…

DWI Conviction Upheld in State v. Elizabeth Karlinski – A-2836-21

November 7, 2023 |

State of New Jersey v. Elizabeth Karlinski Docket No. A-2836-21 Decided October 27, 2023 Submitted by New Jersey DWI Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from her conviction for driving while intoxicated (DWI). The record reflects that on March 9, 2019, at approximately 1:00 a.m.,…

Defendant’s Guilty Plea Withdrawal Denied – State v. Carlo Amato

November 2, 2023 |

State of New Jersey v. Carlo Amato Docket No. A-2788-21 Decided October 10, 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 an order denying his motion to withdraw his guilty plea. In October 2017, defendant was indicted on charges of…