- S.W. VS. G.M. (FM-20-2163-11, UNION COUNTY AND STATEWIDE) (RECORD IMPOUNDED) A-3008-21 Appellate May 30, 2024
- STATE OF NEW JERSEY VS. KONSTADIN BITZAS (14-02-0228, BERGEN COUNTY AND STATEWIDE) A-3213-21 Appellate May 30, 2024
- STATE OF NEW JERSEY VS. M.F.L. (18-02-0068, HUNTERDON COUNTY AND STATEWIDE) (RECORD IMPOUNDED) A-3372-21 Appellate May 30, 2024 Summary A-3372-21 This matter involves a defendant sex offender's motion to modify his judgment of conviction (JOC) and Sex Offender Restraining Order (SORO) issued pursuant to Nicole's Law, N.J.S.A. 2C:14-2 and 2C:44-8. The SORO prohibited defendant from having any contact with the two victims—his step-daughters—his ex-wife, and their two minor biological children. Defendant moved to modify the JOC and SORO to allow him to have contact and parenting time with his two minor biological children through a third party. Applying the framework established in Carfagno v. Carfagno , 288 N.J. Super. 424 (Ch. Div. 1995), this court concludes that based on similarities between a SORO and a final restraining order issued under the Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17 to -35, the factors set forth in Carfagno are applicable to use in considering an application to modify or vacate a SORO, determining the continued necessity of a SORO. Close
- MECCA & SONS TRUCKING CORP. VS. J.B. HUNT TRANSPORT, INC. (L-4303-17, HUDSON COUNTY AND STATEWIDE) A-0422-22 Appellate May 30, 2024
- STATE OF NEW JERSEY VS. JONATHAN CARAMBOT (2022-001, ESSEX COUNTY AND STATEWIDE) A-1228-22 Appellate May 30, 2024
- STATE OF NEW JERSEY VS. BARRINGTON MCCAIN (93-09-0474, MIDDLESEX COUNTY AND STATEWIDE) A-1248-22 Appellate May 30, 2024
- W.F. VS. MORRIS COUNTY DEPARTMENT OF FAMILY SERVICES (DIVISION OF MEDICAL ASSISTANCE AND HEALTH SERVICES) A-1271-22 Appellate May 30, 2024
- STATE OF NEW JERSEY VS. CALVIN L. CLARK (21-12-0925, CUMBERLAND COUNTY AND STATEWIDE) A-1331-22 Appellate May 30, 2024
- M.P. VS. N.P. (FV-12-1525-23, MIDDLESEX COUNTY AND STATEWIDE) (RECORD IMPOUNDED) A-1884-22 Appellate May 30, 2024
- CARL PETTY VS. MARIA BASILE (FM-20-1837-15, UNION COUNTY AND STATEWIDE) A-2563-22 Appellate May 30, 2024
- STATE OF NEW JERSEY VS. RYON GREEN (12-05-0580, CUMBERLAND COUNTY AND STATEWIDE) A-2745-22 Appellate May 30, 2024
- STATE OF NEW JERSEY, ETC. VS. RUMSON COUNTRY CLUB, ET AL. (L-0198-22, MONMOUTH COUNTY AND STATEWIDE) A-1005-23 Appellate May 30, 2024
- Patrick Boyle v. Carol Huff (087900) (Atlantic County and Statewide) A-42-22 Supreme May 30, 2024 Oral Argument A-42-22 A-42-22 Audio for A-42-22 Close Summary A-42-22 The ambiguous indemnification provision at issue here must be construed against the indemnitee, and the Court therefore reverses the Appellate Division’s judgment. Prospectively, parties to a contract intending to extend indemnification to first parties should include express language to achieve such an agreement. Close
- Lazarus v. Tawil F-4497-23 Trial May 29, 2024
- STATE OF NEW JERSEY VS. VICTOR J. MARRERO (07-07-1630, ATLANTIC COUNTY AND STATEWIDE) A-0638-21 Appellate May 31, 2024
- STATE OF NEW JERSEY VS. PATRICK D. VERMILYEA (18-08-0487, UNION COUNTY AND STATEWIDE) A-2296-21 Appellate May 31, 2024
- STATE OF NEW JERSEY VS. SEAN JONES, ET AL. (88-07-2659 AND 92-12-4339, ESSEX COUNTY AND STATEWIDE AND 96-02-0526, CAMDEN COUNTY AND STATEWIDE) (CONSOLIDATED) A-3911-21/A-1264-22/A-1358-22 Appellate May 31, 2024 Summary A-3911-21/A-1264-22/A-1358-22 In State v. Comer , the New Jersey Supreme Court held juvenile offenders, prosecuted as adults and convicted of murder, are constitutionally entitled to reconsideration of their sentences after twenty years' imprisonment. 249 N.J. 359, 369-70 (2022). In these consolidated appeals, all three defendants were eighteen years of age or older when they were prosecuted and convicted of murder, and were sentenced to prison terms ranging from thirty years with a thirty-year parole disqualifier to life with a forty-year parole bar. Having exhausted their appeals and collateral review, defendants filed pro se applications with the motion courts for the reduction or change of sentence under Rule 3:21-10. The motion courts denied their applications on the papers, without appointing counsel. On appeal, defendants contend, as did other similarly situated youthful offenders before them, the Court's decision in Comer should extend to youthful offenders between the ages of eighteen and twenty when they committed their offenses. Defendants therefore argue their lengthy sentences should receive the same constitutional protection as juvenile offenders prosecuted and convicted as adults. Defendants further contend the motion courts should have assigned counsel rather than denying their pro se applications without a hearing. The court declined defendants' invitation to extend Comer 's holding, concluding the Supreme Court's decision was limited to juvenile offenders tried and convicted of murder in adult court, and the Court neither explicitly nor implicitly extended this right of sentence review to offenders between the ages of eighteen and twenty. Citing its limited institutional role as an intermediate appellate court, the court expressed its obligation to follow precedential opinions of the United States Supreme Court and the New Jersey Supreme Court. Noting defendants' arguments lacked merit under Comer and were not particularly complex, the court further concluded the motion courts properly decided their applications without assignment of counsel. Accordingly, the court affirmed all three orders under review. Close
- GHAZALA ZUBAIR, ET AL. VS. PAPER ASSETS CAPITAL, LLC (C-000042-22, HUDSON COUNTY AND STATEWIDE) A-0826-22 Appellate May 31, 2024
- DCPP VS. JAN. R. AND JAR. R., IN THE MATTER OF C.A.R. (FN-12-0133-21, MIDDLESEX COUNTY AND STATEWIDE) (RECORD IMPOUNDED) A-1302-22 Appellate May 31, 2024
- DERRICK FREDERICK VS. NEW JERSEY DEPARTMENT OF CORRECTIONS (NEW JERSEY DEPARTMENT OF CORRECTIONS) A-1329-22 Appellate May 31, 2024