- THE STATE OF NEW JERSEY EX REL. HEALTH CHOICE ADVISORY, LLC VS. SHIRE PLC, ET AL. (L-2423-20, MIDDLESEX COUNTY AND STATEWIDE) A-2735-20 Appellate Nov. 8, 2023
- STATE OF NEW JERSEY VS. LEROY A. WEEKS (19-10-0621, UNION COUNTY AND STATEWIDE) A-0629-21 Appellate Nov. 8, 2023
- STATE OF NEW JERSEY VS. RORY A. ROBINSON (18-05-0589, MONMOUTH COUNTY AND STATEWIDE) A-1877-21 Appellate Nov. 8, 2023
- IN THE MATTER OF THE APPLICATION OF THE TOWNSHIP OF READINGTON, COUNTY OF HUNTERDON (L-0301-15, HUNTERDON COUNTY AND STATEWIDE) A-2756-21 Appellate Nov. 8, 2023
- HALLIE TORIAN, ET AL. VS. NEWARK SCHOOL DISTRICT (L-7317-15, ESSEX COUNTY AND STATEWIDE) A-3006-21 Appellate Nov. 8, 2023
- IN THE MATTER OF THE EXPUNGEMENT APPLICATION OF K.M.G. (XP-21-002190, MONMOUTH COUNTY AND STATEWIDE) (RECORD IMPOUNDED) A-0363-22 Appellate Nov. 8, 2023 Summary A-0363-22 In this appeal of first impression, the court must determine whether the "clean slate" statute, N.J.S.A. 2C:52-5.3, which permits an expungement of a New Jersey criminal record if ten years have passed "from the date of the person's most recent conviction ," applies to a conviction from another state. (Emphasis added). The trial court entered an order expunging petitioner's New Jersey criminal record after determining her 2017 Virginia misdemeanor conviction did not preclude eligibility for expungement under the "clean slate" statute because an out-of-state conviction does not constitute a "most recent conviction." The State contends the trial court erred in its interpretation of the "clean slate" statute, arguing petitioner's Virginia conviction must be considered, and because it was entered within ten years of her petition for expungement, her petition should have been denied. The court reverses because the text of the "clean slate" statute and related expungement statutes do not support the trial court's interpretation to preclude consideration of an out-of-state conviction from the phrase "most recent conviction." Moreover, such interpretation defies common sense given the "clean slate" statute's purpose to expunge a criminal record of an applicant who has not violated the law within ten years of their last New Jersey conviction. Consequently, petitioner's Virginia offense presently disqualifies her from expungement of her New Jersey criminal record under the "clean slate" statute. Close
- C.E.W. VS. C.D.M. (FD-03-25-20, BURLINGTON COUNTY AND STATEWIDE) A-0976-22 Appellate Nov. 8, 2023
- FREDERICK L. GOHLKE, IV, ET AL. VS. TRINITAS REGIONAL MEDICAL CENTER, ET AL. (L-2345-17, UNION COUNTY AND STATEWIDE) A-2815-22 Appellate Nov. 8, 2023
- IN THE MATTER OF THE ESTATE OF MARK A. RAYNER (P-000454-19, MONMOUTH COUNTY AND STATEWIDE) A-2619-20 Appellate Nov. 9, 2023
- BOARD OF EDUCATION OF THE BOROUGH OF KINNELON, MORRIS COUNTY VS. KAREN D'AMICO (NEW JERSEY COMMISSIONER OF EDUCATION) A-2764-21 Appellate Nov. 9, 2023 Summary A-2764-21 The court considered the final agency decision of the Commissioner of Education granting the Board of Education of the Borough of Kinnelon's motion for summary decision, denying appellant's cross-motion for summary decision, and removing appellant from her position on the Board. The Commissioner ruled a ten-day letter filed by a parent of a child in need of special education services constituted a substantial conflict of interest sufficient to remove the parent from her duly elected position on the Board of Education. Our Supreme Court of New Jersey previously addressed circumstances wherein a due process claim that included a request for specific monetary relief was determined to be a substantial conflict between a board member and the board, requiring removal. Bd. of Educ. of City of Sea Isle City v. Kennedy, 196 N.J. 1, 22 (2008). The question the court considered here is whether the submission of a ten-day letter raises a similarly substantial conflict of interest. The court concluded, based on the record, it did not. Close
- ANTON RIGNEY VS. NEW JERSEY DEPARTMENT OF CORRECTIONS (NEW JERSEY DEPARTMENT OF CORRECTIONS) A-3061-21 Appellate Nov. 9, 2023
- KIRK SPARKS VS. ERIC BARNES, ET AL. (L-1735-19, ATLANTIC COUNTY AND STATEWIDE) A-3117-21 Appellate Nov. 9, 2023
- PATRICIA WASHBOURNE, ETC. VS. TOKIWA COSMETICS AMERICA, LLC, ET AL. (L-5859-19, MIDDLESEX COUNTY AND STATEWIDE) A-3207-21 Appellate Nov. 9, 2023
- DEUTSCHE BANK NATIONAL TRUST COMPANY, ETC. VS. TREVOR SAHADATALLI, ET AL. (F-032098-14, ESSEX COUNTY AND STATEWIDE) A-3531-21 Appellate Nov. 9, 2023
- DANIEL THOMPSON, ET AL. VS. GERALDINE JONES, ET AL. (C-000021-21, CUMBERLAND COUNTY AND STATEWIDE) A-3655-21 Appellate Nov. 9, 2023
- JUSTIN P. FLOOD VS. CITY OF OCEAN CITY, ET AL. (L-0112-22, CAPE MAY COUNTY AND STATEWIDE) A-0219-22 Appellate Nov. 9, 2023
- STATE OF NEW JERSEY VS. JIMMIE MOULTRIE (19-05-0375, PASSAIC COUNTY AND STATEWIDE) (RECORD IMPOUNDED) A-0334-22 Appellate Nov. 9, 2023
- STATE OF NEW JERSEY VS. WILVER A. DIAZ-GARCIA (21-05-0393, HUDSON COUNTY AND STATEWIDE) A-0379-22 Appellate Nov. 9, 2023
- JUSTIN CHERRY VS. TUCKERTON BOROUGH POLICE DEPARTMENT (L-1072-20, OCEAN COUNTY AND STATEWIDE) A-0913-21 Appellate Nov. 13, 2023
- IN THE MATTER OF THE IRREVOCABLE TRUST OF JOHN L. MARCHISOTTO, DECEASED (18-000394, MIDDLESEX COUNTY AND STATEWIDE) A-1889-21 Appellate Nov. 13, 2023