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State v. Vargas

At a homicide trial, the State called the decedent's daughter, who heard the defendant tell the decedent, "If you can't be with me, then you can't be with anyone." The Appellate Division held that the statement was admissible as the statement of a party opponent under N.J.R.E. 803(b)(1), as well…

At a homicide trial, the State called the decedent’s daughter, who heard the defendant tell the decedent, “If you can’t be with me, then you can’t be with anyone.” The Appellate Division held that the statement was admissible as the statement of a party opponent under N.J.R.E. 803(b)(1), as well as proof of motive under… Continue reading State v. Vargas

Township of Manalapan v. Gentile
New Jersey Appellate Division

After a jury trial, the Township of Manalapan appealed a condemnation award. The issue on appeal was whether the trial court erred when it admitted testimony that the condemned property’s highest and best use would require a variance without first determining whether there is a reasonable probability the variance would be granted. The Appellate Division… Continue reading Township of Manalapan v. Gentile

State v. Armstrong
New Jersey Appellate Division

Police seized incriminating text messages, which the defendant sent to his ex-girlfriend. Defendant moved to suppress the messages, as they were recovered from the ex-girlfriend’s phone without a warrant. The Appellate Division held that the defendant had neither a reasonable expectation of privacy in the text message recovered from his girlfriend’s cellphone nor did he… Continue reading State v. Armstrong

AmeriCare Emergency Med. Serv. v. Orange Twp.
New Jersey Appellate Division

After inspecting AmeriCare’s fleet of emergency medical vehicles, the State’s Department of Health, Office of Emergency Medical Services (OEMS) suspended the plaintiff’s license to operate. Before exhausting administrative remedies, AmeriCare filed an order to show cause for injunctive relief under the New Jersey Civil Rights Act, N.J.S.A. 10:6-1 to -2 (CRA). The trial court granted… Continue reading AmeriCare Emergency Med. Serv. v. Orange Twp.

Underhill v. Borough of Caldwell
New Jersey Appellate Division

Plaintiff slipped and fell on black ice in a parking lot owned by private entities and leased in its entirety to the Borough of Caldwell. The lease stated that maintenance of the property — including snow and ice removal — was the sole responsibility of the borough. Applying the New Jersey Supreme Court’s recent holding… Continue reading Underhill v. Borough of Caldwell

The State indicted the defendant on a charge of first-degree money laundering offense, under a theory that the “amount involved” exceeded $500,000. The defendant moved to amend the indictment to a third-degree offense, arguing, because he received $63,000 for the merchandise he was able to sell, that sum constituted the “amount involved.” The trial court calculated… Continue reading State v. Marias

State v. Lawrence
New Jersey Appellate Division

Lawrence had been confined to a jail work-release program as a result of his failure to pay child support. When he failed to return to the jail by curfew on two occasions, he was indicted on two counts of third-degree escape. Lawrence pleaded guilty to the charges and was subsequently sentenced. The Appellate Division reversed… Continue reading State v. Lawrence

Gormley v. Gormley
New Jersey Appellate Division

The defendant in a divorce action was determined to be disabled by the Social Security Administration. Relying on Gilligan v. Gilligan, 428 N.J. Super. 69 (Ch. Div. 2012), the Appellate Division held that the SSA’s determination alone was insufficient to prove a disability. The Appellate Division abrogated Gilligan to the extent that it conflicts with Golian v.… Continue reading Gormley v. Gormley

The plaintiff was granted a temporary restraining order and, after a contested hearing, was awarded a final restraining order (FRO). At issue was whether the plaintiff could establish a “dating relationship” as a necessary element in receiving the FRO. The parties met at a gym, where the plaintiff worked and the defendant regularly exercised. They… Continue reading C.C. v. J.A.H.

#CSL #SocialMedia # 1stAmendment #MegansLaw #StrictScrutiny #Overbroad In what surely is a preview of a New Jersey (maybe even SCOTUS) case, the Appellate Division determined that a provision prohibiting a parolee from accessing social media online as part of a parole provision under Community Supervision for Life violated the 1st Amendment, as the provision was… Continue reading State v. R.K.