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  • State v. Jones

    Publication Date: 2024-06-17
    Practice Area: Criminal Law
    Industry:
    Court: Appellate Division
    Judge: Judge Rose
    Attorneys: For plaintiff: Peter Thomas Blum, Assistant Deputy Public Defender (Jennifer Nicole Sellitti, Public Defender, attorney; Peter Thomas Blum, of counsel and on the briefs); Jennifer Nicole Sellitti, Public Defender (Michael Timothy Denny and Morgan A. Birck, Assistant Deputy Public Defenders, of counsel and on the briefs)
    for defendant: Hannah Faye Kurt, Assistant Prosecutor (Theodore N. Stephens, II, Essex County Prosecutor, attorney; Hannah Faye Kurt, of counsel and on the brief); Matthew J. Platkin, Attorney General (Steven A. Yomtov, Deputy Attorney General, of counsel and on the brief); Theodore N. Stephens, II, Essex County Prosecutor (Lucille M. Rosano, Assistant Prosecutor, of counsel and on the brief)
    Case Number: A-3911-21, A-1264-22, A-1358-22

    Court Had No Basis to Extend Constitutional Sentencing Protections for Juveniles to Young Adults

  • Callahan v. Tri-Borough Sand & Stone

    Publication Date: 2024-06-10
    Practice Area: Personal Injury
    Industry: Mining and Resources
    Court: Appellate Division
    Judge: Judge Rose
    Attorneys: For plaintiff: Patrick J. Finn (The Myers Firm, Attorneys at Law, PC)
    for defendant: Wilson Elser Moskowitz Edelman & Dicker, LLP (John Thomas Donovan and Caroline Stephanie Vahey, on the brief)
    Case Number: A-2371-22

    Because Steel Cable Was Part of Legitimate Business Operations, Leaving It in Raised Position Did Not Constitute Willful or Wanton Misconduct

  • Ass'n for Governmental Responsibility, Ethics & Transparency v. Borough of Mantoloking

    Publication Date: 2024-06-10
    Practice Area: Public Records
    Industry: State and Local Government
    Court: Appellate Division
    Judge: Judge Rose
    Attorneys: For plaintiff: Donald Francis Burke (Law Office of Donald F. Burke, attorneys; Donald Francis Burke and Donald Francis Burke, Jr., on the briefs)
    for defendant: Robin La Bue (Rothstein, Mandell, Strohm, Halm & Cipriani, attorneys; Robin La Bue, on the brief)
    Case Number: A-2395-22

    Personal Request for Advice Between Government Attorneys Did Not Constitute a Government Record

  • State v. Jones

    Publication Date: 2024-05-31
    Practice Area: Criminal Law
    Industry:
    Court: Appellate Division
    Judge: Judge Rose
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A-1358-22

    Defendants Sean Jones, Timothy Harris, and Richard Roche appealed their judgments of sentence, seeking resentencing under Rule 3:21-10 following the exhaustion of their direct appeals and post-conviction relief applications.

  • Ass'n for Governmental Responsibility, Ethics & Transparency v. Borough of Mantoloking

    Publication Date: 2024-05-20
    Practice Area: Public Records
    Industry:
    Court: Appellate Division
    Judge: Judge Rose
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A-2395-22

    Plaintiff Association for Governmental Responsibility, Ethics, and Transparency sought to compel the production of an unredacted email under the New Jersey Open Public Records Act and the common law right of public access.

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    Lancaster County & Berks County Court Rules 2024

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  • Callahan v. Tri-Borough Sand & Stone

    Publication Date: 2024-05-20
    Practice Area: Personal Injury
    Industry:
    Court: Appellate Division
    Judge: Judge Rose
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A-2371-22

    Plaintiff appealed the trial court's grant of summary judgment in favor of defendants and the denial of his motion to amend his complaint.

  • State v. J.H.P.

    Publication Date: 2024-04-22
    Practice Area: Criminal Law
    Industry:
    Court: Appellate Division
    Judge: Judge Rose
    Attorneys: For plaintiff: Kevin Scott Finckenauer, Assistant Deputy Public Defender (Jennifer Nicole Sellitti, Public Defender, attorney; Shannon Mae Dolan, Assistant Deputy Public Defender, of counsel and on the brief)
    for defendant: Rory Alexander Eaton, Assistant Prosecutor (John P. McDonald, Somerset County Prosecutor, attorney; Rory Alexander Eaton and Bridgett Nichole Dudding, Assistant Prosecutor, of counsel and on the briefs)
    Case Number: A-0467-23

    State Failed to Meet Burden to Compel Administration of Psychotropic Medication Due to Lack of Evidence of Side Effects

  • State v. J.H.P.

    Publication Date: 2024-04-08
    Practice Area: Criminal Law
    Industry:
    Court: Appellate Division
    Judge: Judge Rose
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A-0467-23

    Defendant appealed the trial court's order compelling the administration of psychotropic medication to restore defendant to competency, even though defendant refused to consent to medication and the trial court did not deem defendant a danger to himself or others.

  • In the Matter of the Appointment of the Council on Affordable Hous. by Governor Philip Murphy

    Publication Date: 2024-02-12
    Practice Area: Government
    Industry: State and Local Government
    Court: Appellate Division
    Judge: Judge Rose
    Attorneys: For plaintiff: Jeffrey R. Surenian (Surenian, Edwards, Buzak & Nolan, LLC, attorneys; Jeffrey R. Surenian and Michael J. Edwards, of counsel and on the briefs; William Edward Olson, on the briefs)
    for defendant: Michael L. Zuckerman, Deputy Solicitor General (Matthew J. Platkin, Attorney General, attorney; Jeremy M. Feigenbaum, Solicitor General, Michael L. Zuckerman, and Melissa Dutton Schaffer, Assistant Attorney General, of counsel; Susan Marie Scott, Tim Sheehan, and Levi Malcolm Klinger-Christiansen, Deputy Attorneys General, on the brief)
    Case Number: A-0050-22

    Mandamus Relief Could Not Be Used to Compel Governor to Fill Vacancies on COAH

  • In the Matter of the Appointment of the Council on Affordable Hous.

    Publication Date: 2024-01-23
    Practice Area: Government
    Industry:
    Court: Appellate Division
    Judge: Judge Rose
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A-0050-22

    Multiple municipalities challenged the governor's failure to fill long-standing vacancies on the Council on Affordable Housing.