- TOWD POINT MORTGAGE TRUST 2017-FRE1, ETC. VS. SHERI L. BEST, ET AL. (F-019349-19, HUNTERDON COUNTY AND STATEWIDE) A-2176-22 Appellate April 3, 2024
- STATE OF NEW JERSEY VS. NAEEM MILLER (03-05-1830, ESSEX COUNTY AND STATEWIDE) A-3365-22 Appellate April 3, 2024
- In the Matter of the Estate of Arthur James Reinitz. Jr. MON-P-296-22 Trial April 1, 2024
- JAMES H. DREVS, ET AL. VS. METROPOLITAN PROPERTY AND CASUALTY INSURANCE COMPANY (L-1258-22, CAMDEN COUNTY AND STATEWIDE) A-0637-22 Appellate April 4, 2024
- NEW JERSEY COALITION OF AUTOMOTIVE RETAILERS, INC. VS. FORD MOTOR COMPANY (L-0234-20, MERCER COUNTY AND STATEWIDE) A-1051-22 Appellate April 4, 2024
- MICHAEL A. MCDOWALL VS. MAUREEN MCDOWALL (FM-02-0178-17, BERGEN COUNTY AND STATEWIDE) A-1346-22 Appellate April 4, 2024
- CHRISTINE MCQUILKEN VS. BOARD OF TRUSTEES OF THE TEACHERS' PENSION AND ANNUITY FUND (TEACHERS' PENSION AND ANNUITY FUND) A-1414-22 Appellate April 4, 2024
- STATE OF NEW JERSEY VS. WONGYU JANG, ET AL. (MA-2022-006 and MA-2022-016, ESSEX COUNTY AND STATEWIDE) (CONSOLIDATED) A-2054-22/A-2412-22 Appellate April 4, 2024 Summary A-2054-22/A-2412-22 In these cases that were consolidated for the purpose of issuing a single opinion, defendants appeal from their convictions following municipal court appeals because the Law Division decided their appeals without conducting hearings or permitting briefing. In both cases, the Law Division determined briefing was not required and, because defendants did not request argument, decided the appeals based solely on its review of the municipal court transcripts and the police body camera video introduced as evidence in the municipal court trials. The court found it "is incumbent on counsel to . . . tell the court why briefing is necessary and to request argument if they want it." On appeal, defendants argued the court deprived them of their rights to due process and counsel. The court reversed, concluding Rules 3:23-4 and -8 require that the Law Division schedule and conduct a hearing on a municipal appeal. There is no requirement that a defendant request a hearing. The court also noted, although the proceeding is technically designated an appeal, the Law Division must conduct a trial de novo on a municipal appeal. At the trial de novo, the Law Division must make its own findings of fact and conclusions of law and, if the court finds the State proved its case beyond a reasonable doubt, sentence the defendant anew. The court also concluded, based on the arguments raised by defendants, it would be appropriate to permit, if not require, the parties to file briefs in these cases. Finally, to avoid any appearance of bias or prejudice, the court required the appeals be assigned to a different judge on remand. Close
- STATE OF NEW JERSEY VS. ANDREW DAVIS (14-01-0003, CAMDEN COUNTY AND STATEWIDE) A-2747-21 Appellate April 30, 2024
- SKORR PRODUCTS, LLC, AND ROBERT SKVORECZ VS. BOLLINGER, INC., ET AL. (L-7149-17, ESSEX COUNTY AND STATEWIDE) A-3916-21 Appellate April 30, 2024
- NG FLOORING, INC. VS. DEROCHI DESIGN AND BUILD, LLC (L-1769-20, MERCER COUNTY AND STATEWIDE) A-0775-22 Appellate April 30, 2024
- DULCE VIEIRA VS. BOARD OF TRUSTEES, ETC. (PUBLIC EMPLOYEES' RETIREMENT SYSTEM) A-1522-22 Appellate April 30, 2024
- IN THE MATTER OF THE REVOCATION OF ROBERT SANDERS'S FIREARMS PURCHASER IDENTIFICATION CARD, ETC. (GPR-0009-21, BERGEN COUNTY AND STATEWIDE) A-1721-22 Appellate April 30, 2024
- R.T.E. VS. J.K.S. (FM-12-2495-18, MIDDLESEX COUNTY AND STATEWIDE) (CONSOLIDATED) A-2059-22/A-3194-22 Appellate April 30, 2024
- PATRICIA TOSCANO VS. BOARD OF TRUSTEES, ETC. (PUBLIC EMPLOYEES' RETIREMENT SYSTEM) A-2083-22 Appellate April 30, 2024
- POLICEMEN'S BENEVOLENT ASSOCIATION LOCAL NUMBER 258 VS. COUNTY OF OCEAN (L-2701-22, OCEAN COUNTY AND STATEWIDE) A-2129-22 Appellate April 30, 2024
- GLORIA FLORES VS. JEANETTE PAGE-HAWKINS, ET AL. (L-8167-19, ESSEX COUNTY AND STATEWIDE) A-2333-22 Appellate April 30, 2024
- M.L. VS. K.B. (FV-16-1876-23, PASSAIC COUNTY AND STATEWIDE) (RECORD IMPOUNDED) A-2751-22 Appellate April 30, 2024
- IN THE MATTER OF N.C.S., A MINOR (FD-19-0040-21 and FD-19-0141-21, SUSSEX COUNTY AND STATEWIDE) A-3072-22 Appellate April 30, 2024
- Evelyn Hoque v. City of Jersey City 008552-2023 Tax April 29, 2024