State v. Ortiz New Jersey Appellate Division May 6, 2019 (Not Approved for Publication) Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In reviewing a motion to suppress evidence, this court must defer to the trial court’s fact findings underlying its decision, “so long as those findings are supported by sufficient credible evidence in the…
State v. James Rogers Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. An appeal of a municipal court conviction must first be addressed by the Law Division de novo. R. 3:23-8. The role of the Law Division is to make independent findings of facts and conclusions of law based on the record developed in the…
State v. Juan Rodriguez May 3, 2019 NJ Appellate Division (Approved for Publication) Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Facts: The pertinent facts that emerged at the suppression hearing were substantially undisputed by the parties. On January 1, 2018, Police Officer Kevin Olah of Warren Township was in a marked patrol vehicle at a gas station…
Dixon v. HC Equities Assoc., LP , N.J. Super. App. Div. Decidied May 2, 2019. Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. The issue in this case is what constitutes reasonable efforts by a land owner to remove snow during or after it stops snowing. The Facts: After leaving work on March 3, 2015,…
Submitted by New Jersey Workers Compensation Lawyer, Jeffrey Hark. For many New Jersey residents Medicaid and its brother Medicare is a last resort for health insurance which has drastic effects on how workers compensation and third party cases must be resolved in the current climate of settlements. Medicaid was established by federal law, 42 U.S.C…
State v. Chow, N.J. Super. App. Div. Decided April 302, 2019 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. The state appealed from an order that admitted defendant into the Middlesex County Pretrial Intervention Program over its objection. Defendant had been charged with two counts of third-degree invasion of privacy for posting nude photographs of a…
In the Matter of the Civil Commitment of R.A. , N.J. Super. App. Div. (April 25, 2019) Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark. The court’s standard applies when the State seeks to recommit a person who was given a conditional discharge. In re Civil Commitment of E.D., 183 N.J. 536, 551 (2005). In…
Defined in Silver v. Silver, 387 N.J. Super. 112, 125-26 (App. Div. 2006) D.C. v. M.M. , N.J. Super. App. Div. Decided April 16, 2019 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. Defendant appealed a FRO. The parties dated in 1982 and plaintiff alleged defendant assaulted her in 1983 after the relationship ended. Around…
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Restitution has become an additional area of criminal litigation in recent years. As a result the appellate courts have ruled that even if restitution has to be paid, the trial court must conduct a hearing addressing whether the defendant has the ability to pay given his/her particular…