Is a Warrantless Search of a Home Justified After the Occupant Was Detained Outside the Home?

January 21, 2022 |

State v. Christopher Radel State v. Keith Terres Appellate Docket No.: A-44-20 A-45-20 Decided January 20, 2022 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In a recent opinion, the Supreme Court of New Jersey reviewed two cases to determine whether police warrantless search of a home was justified after the occupant was detained…

Requests To Remove Children Out of State to Reside with A Parent Are Reviewed by The Best Interests of The Child

January 20, 2022 |

T.Z.S. v. A.G.W. Docket No. A-0898-20 Decided January 19, 2022 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division of New Jersey reversed a trial court’s denial of a custody removal application for defendant living in North Carolina and ordered a plenary hearing because of disputed material facts that…

Denial To Modify Alimony When There Is a Prima Facie Showing of Cohabitation

January 19, 2022 |

Manley v. Manley Docket No. A-0408-20 Decided January 14, 2022 Submitted by New Jersey Divorce Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division of New Jersey affirmed a trial court’s denial of a motion to modify alimony, finding the movant had made a prima facie showing of cohabitation and there was nothing more…

Personal Injury Law: In A Case of Preexisting Injury, A Plaintiff Is Required to Prove Exacerbation

January 17, 2022 |

In Sim Hwang v. Saune Gordon Docket No.: A-3434-19 Decided January 14, 2022 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark In a recent unpublished decision, the Appellate Division reversed a dismissal of plaintiff’s complaint on summary judgment for an alleged failure to plead exacerbation and then provide evidence of the exacerbation. In Hwang., Plaintiff…

IN THE MATTER OF RICHARD HUFTEN’S APPLICATION FOR A PERMIT TO CARRY A HANDGUN & IN THE MATTER OF THE REVOCATION OF RICHARD HUFTEN’S FIREARMS PURCHASER IDENTIFICATION CARD AND COMPELLING THE SALE OF HIS FIREARMS

January 12, 2022 |

Appellate Docket No.: A-0473-20 Decided January 11, 2022 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey reversed an oral order to forfeit plaintiff’s handgun permit to carry and ordering the surrender of all firearms in his possession as well as the forced sale…

Observation Of a Hand-To-Hand Transaction Alone Is Insufficient to Have a Reasonable and Articulable Suspicion of a CDS Transaction

January 11, 2022 |

State v. GIBSON Appellate Docket No.: A-3410-19 Decided January 10, 2022 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey reversed a denial of a motion to suppress after officers simply observed a hand to hand transaction without seeing what was exchanged and conducted…

An Investigatory Stop, Followed by An Arrest Requires Reasonable and Articulable Suspicion as Well as Probable Cause

January 11, 2022 |

State v. Ruiz-Montano Appellate Docket No.: A-1070-19 Decided January 7, 2022 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey affirmed a denial of a motion to suppress without an evidentiary hearing after detectives detained defendant, brought him back to the police station, and…

Defendants Are Entitled to Cross Examine Witnesses in Criminal Complaints and Charges Against Them

December 28, 2021 |

State v. Carrion State v. Hedgespeth Appellate Docket No.: A-14-20 and A-22-20 Decided December 27, 2021 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In recent opinions of the Supreme Court of New Jersey, the Court addressed whether an affidavit can be relied upon at trial which provided that the defendants did not appear…

Alimony Can Be Terminated Through Several Means

December 22, 2021 |

Kowal v. Hartman Docket No. A-4923-18 Decided December 21, 2021 Submitted by New Jersey Divorce Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division reviewed a trial court’s termination of plaintiff’s alimony obligation based on the terms of the parties’ Property Settlement Agreement (PSA) and plaintiff’s disability. In Kowal, The parties were divorced in…

Plaintiff Pursued UIM (Underinsured Motorist) Coverage for Emotional Distress After Exiting His Vehicle and Seeing His Child Be Struck by a Car

December 17, 2021 |

G.G. v. B.G. Docket No.: A-4184-19 Decided December 14, 2021 Submitted by New Jersey Civil Lawyer, Jeffrey Hark In a recent unpublished decision, the Appellate Division reviewed a trial court’s denial of summary judgment to the insurance company after plaintiff pursued UIM (Underinsured Motorist) coverage for emotional distress after exiting his vehicle and seeing his child…