Posts Tagged ‘standard of review’
DWI defense of “necessity“
This is a very interesting case for several points. I will address each one individually. Submitted by New Jersey DWI Lawyer, Jeffrey Hark. Standard of review for the appeal of a municipal court decision by the municipal court judge. I have written numerous blogs on this issue previously but it worth repeating at this time.…
Read MoreDomestic Violence…. What can I do for you to appeal your Final Restraining Order? This is the standard of review used on appeal.
J.R.B. v. K.M.B., November 7, 2019 Unpublished opinion Trial Court Appeal Camden County Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. There are several take aways from this decision. 1) when the trial judge makes finding of fact and credibility, those determinations are based upon the trial judge observing the witness testify and hearing the…
Read MoreAppellate Division’s Standard of review of the Administrative Law Judge’s ruling.
Submitted by professional license defense lawyer, Jeffrey Hark. We recognize our “‘limited role’ in the review of [Commission] decisions.” In re Stallworth, 208 N.J. 182, 194 (2011) (quoting Henry v. Rahway State Prison, 81 N.J. 571, 579 (1980)). “An appellate court affords a ‘strong presumption of reasonableness’ to an administrativeagency’s exercise of its statutorily delegated responsibilities.”…
Read MoreState v. Hamaway Appellate Division April 16, 2018 Standard of Review of Criminal Court Motion to Suppress
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In this case there are numerous issues at play. I have previously provided a review of the issuers pertaining to the substantive search warrant and the drugs found as a result. Now I will be discussing the standard of review performed by the appellate division of the…
Read MoreAppellate Standard of Review for a Motion to Suppress
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. State v. Aziz. Decided March 31, 2016 In reviewing the denial of a motion to suppress for an alleged violation of Miranda, we use a “searching and critical” standard of review to protect a defendant’s constitutional rights. State v. Maltese, 222 N.J. 525, 543 (2015) (quoting State…
Read MoreKatzenstein vs. Dollar General: Standard of Review in Appealing Workers Comp Claims
Submitted by New Jersey Workers Compensation Attorney, Jeffrey Hark. Katzenstein vs. Dollar General What is the standard of review by the Appellate Division of a Workers Compensation Court Judge’s decision? I have written about this standard of review several times, however, reading this case once again anyone can clearly see the effect the trial judge has when s/he makes determinations of veracity, credibility, and a…
Read MoreWorkers Compensation Review: Dennis Blake vs. Asbury City & Second Injury Fund
Submitted by Workers Compensation Attorney, Jeffrey Hark Disability and Appellate Court Standard of Review The subject of this case is the court’s determination, and the appellate division’s affirmation, of the petitioner’s overall level of disability and the appellate court’s standard of review. Review the entire case here. Appellate Court Deference to Trial Court Ruling The…
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