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  • State v. Outland

    Publication Date: 2019-04-01
    Practice Area: Criminal Law
    Industry:
    Court: Appellate Division
    Judge: Judge Alvarez
    Attorneys: For plaintiff: Joseph E. Krakora, Public Defender (Daniel S. Rockoff, Assistant Deputy Public Defender, of counsel and on the brief)
    for defendant: Michael A. Monahan, Acting Union County Prosecutor (Michele C. Buckley, Special Deputy Attorney General/Acting Assistant Prosecutor, of counsel and on the brief)
    Case Number: A-1307-16T3

    State Could Introduce Rebuttal Evidence When Defendant Introduced His 911 Call to Prove Non-Involvement in Charged Offense

  • State v. Finneman

    Publication Date: 2019-03-22
    Practice Area: Civil Rights | Criminal Law
    Industry:
    Court: Appellate Division
    Judge: Judge Alvarez
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A-1465-16T2

    Defendant appealed from his conviction for the petty disorderly persons offense of harassment.

  • State v. Outland

    Publication Date: 2019-03-20
    Practice Area: Criminal Law
    Industry:
    Court: Appellate Division
    Judge: Judge Alvarez
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A-1307-16T3

    Defendant appealed his conviction of second-degree robbery and conspiracy to commit robbery, merged for sentencing to a 16-year term as a persistent offender subject to NERA.

  • State of New Jersey v. James T. Dougherty

    Publication Date: 2018-07-12
    Practice Area: Criminal Law
    Industry:
    Court: Appellate Division
    Judge: Judge Alvarez
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A-2045-16T4

    The defendant appealed his denial of his motion to dismiss the indictment.

  • In Re: Vicinage 13 of the New Jersey Superior Court

    Publication Date: 2018-04-23
    Practice Area: Criminal Law
    Industry:
    Court: Appellate Division
    Judge: Judge Alvarez
    Attorneys: For plaintiff: Joseph E. Krakora, Public Defender (Karl R. Keys, Deputy Public Defender, of counsel and on the brief)
    for defendant: Bell and Shivas, PC (Joseph J. Bell, IV, and Brian C. Laskiewicz, on the brief); Richard T. Burke, Warren County Prosecutor (Kelly Anne Shelton, Assistant Prosecutor, of counsel and on the brief)
    Case Number: A-4293-15T3

    Public Defenders Office, On Behalf of Indigent Clients, Had Standing to Challenge Constitutionality of Courtroom Design

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  • In Re: Vicinage 13 of the New Jersey Superior Court

    Publication Date: 2018-04-16
    Practice Area: Criminal Law
    Industry:
    Court: Appellate Division
    Judge: Judge Alvarez
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A-4293-15T3

    The Office of the Public Defender appealed from a declaratory judgment ruling that courtroom No. 2 in the Warren County Courthouse was constitutionally adequate for criminal jury trials.

  • State v. Locane

    Publication Date: 2018-04-02
    Practice Area: Criminal Law
    Industry:
    Court: Appellate Division
    Judge: Judge Alvarez
    Attorneys: For plaintiff: Matthew Murphy, Assistant Prosecutor (Michael H. Robertson, Somerset County Prosecutor, attorney; Matthew Murphy, on the brief)
    for defendant: Gilbert G. Miller (McDonald & Rogers, LLC, and Wronko Loewen Benucci, attorneys; Michael J. Rogers, of counsel; Gilbert G. Miller, of counsel and on the brief)
    Case Number: A-1990-16T4

    Trial Court Erred in Offense Downgrade by Focusing on Defendants Circumstances Rather Than Severity of Offense

  • State v. Locane

    Publication Date: 2018-03-23
    Practice Area: Criminal Law
    Industry:
    Court: Appellate Division
    Judge: Judge Alvarez
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A-1990-16T4

    State appealed the trial court's remand resentencing of defendant convicted for vehicular homicide and assault by auto for causing a fatal car crash while driving with a BAC of .23 percent.

  • Empower Our Neighborhoods v. Guadagno

    Publication Date: 2018-03-19
    Practice Area: Election and Political Law | Government
    Industry:
    Court: Appellate Division
    Judge: Judge Alvarez
    Attorneys: For plaintiff: Thomas F. Kelso, Middlesex County Counsel (Benjamin F. Leibowitz, Senior Deputy County Counsel, on the briefs); Hill Wallack LLP (James G. O'Donohue and Victoria J. Airgood, of counsel and on the briefs); Hendricks & Hendricks (George F. Hendricks, on the briefs)
    for defendant: Christopher S. Porrino, Attorney General (Melissa H. Raksa, Assistant Attorney General, of counsel; George N. Cohen, Deputy Attorney General, on the briefs); Zazzali, Fagella, Nowak, Kleinbaum & Friedman (Flavio L. Komuves, of counsel and on the briefs)
    Case Number: A-0330-15T3

    Counsel Fees Imposed on Municipal Defendants Where §1983 Liability Imposed for Defendants Enforcement of Unconstitutional Statutes

  • State v. Fowler

    Publication Date: 2018-03-19
    Practice Area: Criminal Law
    Industry:
    Court: Appellate Division
    Judge: Judge Alvarez
    Attorneys: For plaintiff: Marcia Blum, Assistant Deputy Public Defender (Joseph E. Krakora, Public Defender, attorney; Marcia Blum, of counsel and on the brief); Joseph E. Krakora, Public Defender (Michael Confusione, Designated Counsel, on the brief)
    for defendant: Milton S. Leibowitz, Special Deputy Attorney General/Acting Assistant Prosecutor (Thomas K. Isenhour, Acting Union County Prosecutor, attorney; Milton S. Leibowitz, of counsel and on the briefs)
    Case Number: A-3393-14T3

    Trial Court Erred in Failing to Give Self-Defense or Accident Instructions Where Supported by Defendants Testimony