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Publication Date: 2023-08-21
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Fasciale
Attorneys: For plaintiff: John P. Flynn, Assistant Deputy Public Defender (Joseph E. Krakora, Public Defender, attorney; John P. Flynn, on the brief)
for defendant: Stephanie Cohen, Assistant Attorney General (Matthew J. Platkin, Attorney General, attorney; Sookie Bae-Park, Assistant Attorney General, of counsel and on the briefs, and Christopher C. Josephson, Deputy Attorney General, on the briefs)
Case Number: A-26-22 (087613)
Residential Treatment Programs Held to Not Be an Allowable Condition of Administrative Parole Under Earn Your Way Out Act
Publication Date: 2021-11-15
Practice Area: Criminal Law
Industry:
Court: Appellate Division
Judge: Judge Fasciale
Attorneys: For plaintiff: Nancy A. Hulett, Assistant Prosecutor (Yolanda Ciccone, Middlesex County Prosecutor, attorney; Nancy A. Hulett, of counsel and on the brief)
for defendant: Scott M. Welfel, Assistant Deputy Public Defender (Joseph E. Krakora, Public Defender, attorney; Scott M. Welfel, of counsel and on the brief); Joseph M. Mazraani (Mazraani & Liguouri, LLP, attorneys; Joseph M. Mazraani and Jeffrey S. Farmer, of counsel and on the brief).
Case Number: A-0580-20; A-0581-20
Flagrant Disregard of Knock and Announce Requirement in Search Warrant Required Suppression of Evidence
Publication Date: 2021-11-03
Practice Area: Constitutional Law | Criminal Law | Evidence
Industry:
Court: Appellate Division
Judge: Judge Fasciale
Attorneys: For plaintiff:
for defendant:
Case Number: A-0581-20
The state appealed from the trial court's grant of defendants' motion to suppress evidence seized during the execution of a search warrant.
Publication Date: 2021-06-21
Practice Area: Motor Vehicle Torts
Industry: Insurance
Court: Appellate Division
Judge: Judge Fasciale
Attorneys: For plaintiff: John D. Gagnon (Rabb Hamill, P.A., attorneys; Edward K. Hamill, of counsel and on the briefs)
for defendant: John A. Camassa (Camassa Law Firm, PC, attorneys; Alexandra J. Taylor, on the brief); John J. Kapp (Gregory P. Helfrich & Associates, attorneys; John J. Kapp, on the brief)
Case Number: A-1999-19
Defendant 60 Percent or More At Fault for Crash Could Be Held Liable for Entire Jury Award
Publication Date: 2021-06-02
Practice Area: Motor Vehicle Torts
Industry:
Court: Appellate Division
Judge: Judge Fasciale
Attorneys: For plaintiff:
for defendant:
Case Number: A-1999-19
The parties cross-appealed from the trial court's judgment.
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Publication Date: 2021-02-22
Practice Area: Criminal Law
Industry: Software
Court: Appellate Division
Judge: Judge Fasciale
Attorneys: For plaintiff: Tamar Y. Lerer, Assistant Deputy Public Defender (Joseph E. Krakora, Public Defender, attorney; Tamar Y. Lerer, of counsel and on the briefs)
for defendant: Stephanie Davis Elson, Assistant Prosecutor (Esther Suarez, Hudson County Prosecutor, attorney; Stephanie Davis Elson, of counsel and on the briefs)
Case Number: A-4207-19T4
Defendant Entitled to Trade Secrets Underlying Novel Software Used by State Experts, Pursuant to Protective Order, to Challenge Scientific Reliability
Publication Date: 2021-02-03
Practice Area: Criminal Law
Industry:
Court: Appellate Division
Judge: Judge Fasciale
Attorneys: For plaintiff:
for defendant:
Case Number: A-4207-19T4
Defendant appealed from the June 23, 2020 order denying defendant's motion requesting software source code and related documentation in order to challenge the reliability of probabilistic genotyping.
Publication Date: 2021-01-04
Practice Area: Criminal Law
Industry:
Court: Appellate Division
Judge: Judge Fasciale
Attorneys: For plaintiff:
for defendant:
Case Number: A-0838-20T4
Defendants appealed from the trial court's sua sponte declaration of a mistrial and denial of defendants' motion to dismiss their indictments on double jeopardy grounds.
Publication Date: 2020-04-27
Practice Area: Environmental Law
Industry: Real Estate | State and Local Government
Court: Appellate Division
Judge: Judge Fasciale
Attorneys: For plaintiff: Anthony F. DellaPelle (McKirdy, Riskin, Olson & DellaPelle, PC, attorneys; Anthony F. DellaPelle, of counsel and on the brief; L. Jeffrey Lewis and Alan Zhang, on the briefs)
for defendant: Avram S. Eule (Carella, Byrne, Cecchi, Olstein, Brody & Agnello, PC, attorneys; Donald F. Miceli, of counsel and on the brief; Avram S. Eule, on the brief)
Case Number: A-2071-17T4
DEP Could Condemn Easement for Shore Protection Where System Would Not Harm But Would Benefit Property Owners
Publication Date: 2020-04-27
Practice Area: Environmental Law
Industry: Real Estate | State and Local Government
Court: Appellate Division
Judge: Judge Fasciale
Attorneys: For plaintiff: Anthony F. DellaPelle, John H. Buonocore, Jr., and Peter H. Wegener (McKirdy, Riskin, Olson & DellaPelle, PC and Bathgate Wegener & Wolf, PC, attorneys; Anthony F. DellaPelle, John H. Buonocore, Jr., L. Jeffrey Lewis, and Peter H. Wegener, of counsel and on the briefs); Christopher John Stracco (Day Pitney LLP, attorneys; Christopher John Stracco, of counsel and on the brief)
for defendant: George G. Frino and David C. Apy, Assistant Attorney General (DeCotiis, FitzPatrick, Cole & Giblin, LLP, Hill Wallack, LLP, and Gurbir S. Grewal, Attorney General, attorneys; George G. Frino, Gregory Hazley, Jason M. Hyndman, and Stephen Eisdorfer, of counsel and on the brief)
Case Number: A-1418-17T4; A-1419-17T4; A-1420-17T4; A-1421-17T4; A-1422-17T4; A-1423-17T4; A-
DEP's Taking of Easements from Private Oceanfront Property Owners for Shore Protection Not Arbitrary or Capricious
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