- M.L. VS. ESSEX COUNTY DIVISION OF FAMILY ASSISTANCE AND BENEFITS (DIVISION OF MEDICAL ASSISTANCE AND HEALTH SERVICES) (RECORD IMPOUNDED) A-0884-23 Appellate March 18, 2025
- K.C. VS. CHRISTOPHER DOYLE (L-0865-19, OCEAN COUNTY AND STATEWIDE) A-1183-23 Appellate March 18, 2025
- STATE OF NEW JERSEY VS. PAUL A. CARTER (17-05-0203, SALEM COUNTY AND STATEWIDE) A-1346-23 Appellate March 18, 2025
- KGNJ OPERATIONS, LLC VS. BOROUGH OF KEYPORT, ET AL. (L-2997-22, MONMOUTH COUNTY AND STATEWIDE) A-1424-23 Appellate March 18, 2025
- BASHIM FORESTER VS. NEW JERSEY DEPARTMENT OF CORRECTIONS (NEW JERSEY DEPARTMENT OF CORRECTIONS) A-1670-23 Appellate March 18, 2025
- STATE OF NEW JERSEY VS. DALIA D. FIGUEROA (16-04-0058, CAMDEN COUNTY AND STATEWIDE) A-1756-22 Appellate Dec. 17, 2025
- STATE OF NEW JERSEY VS. DAQUAN B. PERRY (17-04-1038, CAMDEN COUNTY AND STATEWIDE) A-2862-23 Appellate Dec. 17, 2025
- STATE OF NEW JERSEY VS. JUAN C. CAICEDO (MA-23-20, BERGEN COUNTY AND STATEWIDE) A-4058-23 Appellate Dec. 17, 2025
- WHITE OAK FUNDING, INC. VS. TWIN INDUSTRIES, ET AL. (L-0654-08, SOMERSET COUNTY AND STATEWIDE) A-0519-24 Appellate Dec. 17, 2025
- OLDMANS CREEK HOLDINGS, LLC VS. THE JOINT LAND USE BOARD OF THE TOWNSHIP OF WOOLWICH (L-0177-24, GLOUCESTER COUNTY AND STATEWIDE) A-1402-24 Appellate Dec. 17, 2025
- STATE OF NEW JERSEY VS. FUQUAN KHALIF (91-01-0437, ESSEX COUNTY AND STATEWIDE) A-1471-24 Appellate Dec. 17, 2025
- Y.D.L.S. VS. D.M.F-V. (FV-18-0268-25, SOMERSET COUNTY AND STATEWIDE) (RECORD IMPOUNDED) A-1960-24 Appellate Dec. 17, 2025
- STATE OF NEW JERSEY VS. K.W. (23-07-0582, MIDDLESEX COUNTY AND STATEWIDE) (RECORD IMPOUNDED) A-2049-23 Appellate Dec. 17, 2025 Summary A-2049-23 Following a jury trial, defendant K.W. was convicted of second-degree sexual assault, N.J.S.A. 2C:14-2(c)(1), and fourth-degree criminal sexual contact, N.J.S.A. 2C:14-3(b). The State alleged the victim was under the influence of ketamine and other substances at the time of the offenses based on toxicological testing of her blood and urine. The State's toxicologist who performed the testing and prepared its toxicology report was unavailable to testify at trial. In her stead, the State called the toxicologist's supervisor as permitted by our Supreme Court's decision in State v. Michaels , 219 N.J. 1 (2014). In Michaels , the Court held a substitute expert can testify at trial without violating a defendant's right to confrontation if the expert reaches an independent opinion based on machine-generated testing data from testing performed by a non-testifying technician. In this case, the supervisor had peer reviewed the original toxicologist's report, independently reviewed the toxicologist's report, notes, and data prior to trial, and formed an independent opinion that the results of the report were correct. The supervisor was qualified as an expert without objection and testified based on the forensic testing performed by the original toxicologist. On appeal, defendant argued the supervisor's testimony violated his right to confrontation under the United States and New Jersey Constitutions based on the United States Supreme Court's decision in Smith v. Arizona , 602 U.S. 779, 144 S. Ct. 1785 (2024), which was decided after defendant's trial. Defendant contended our Supreme Court's decision in Michaels was effectively overruled by Smith . Defendant argued that Smith held a defendant's confrontation right is violated unless the individual who performed the forensic testing testifies at trial. The court affirmed. It determined the supervisor's trial testimony violated the rule established in Michaels because she repeatedly read directly from the original toxicologist's report, rather than testifying to her own independent opinions. Because defendant did not object at trial and affirmatively used the expert's testimony defensively, the court concluded his Confrontation Clause argument was waived. The court also determined Michaels remains sound law after Smith . Specifically, the court concluded machine-generated data is not the equivalent of a "testimonial statement" for Confrontation Clause purposes. Therefore, if a substitute expert testifies at trial after reaching an independent opinion based on machine-generated data, as permitted by Michaels , there is no Confrontation Clause violation. Close
- STATE OF NEW JERSEY VS. LARRY MCMILLAN (21-12-3169, CAMDEN COUNTY AND STATEWIDE) (RECORD IMPOUNDED) A-3232-22 Appellate Dec. 18, 2025
- LITTLE HARRIS VS. NEW JERSEY DEPARTMENT OF CORRECTIONS (L-4033-18, ESSEX COUNTY AND STATEWIDE) A-1495-23 Appellate Dec. 18, 2025
- SABRINA OSSO VS. MICHAEL OSSO, ET AL. (FD-02-1353-23, BERGEN COUNTY AND STATEWIDE) A-4126-23 Appellate Dec. 18, 2025
- NEW JERSEY MOTOR VEHICLE COMMISSION VS. POWER MOTORS, LLC, ET AL. (NEW JERSEY MOTOR VEHICLE COMMISSION) A-0479-24 Appellate Dec. 18, 2025
- RYAN VAN NOSTRAND VS. SOFIA VAN NOSTRAND (FM-20-0719-20, UNION COUNTY AND STATEWIDE) A-2467-23 Appellate Dec. 18, 2025
- STATE OF NEW JERSEY VS. JALONN LASSITER (04-10-1210, UNION COUNTY AND STATEWIDE) A-0463-23 Appellate Dec. 19, 2025
- DCPP VS. I.B., ET AL., IN THE MATTER OF THE GUARDIANSHIP OF Z.A.I.B.B., ET AL. (FG-20-0033-20, UNION COUNTY AND STATEWIDE) (RECORD IMPOUNDED) A-2289-23 Appellate Dec. 19, 2025