Case Results
Hegge & Confusione is proud to have achieved positive outcomes for so many deserving clients. Please keep in mind that the success of any appeal depends on the unique circumstances of each case. We cannot guarantee future results based on past successes we have achieved.
Victory in the New Jersey Supreme Court!
Hegge & Confusione has persuaded the New Jersey Supreme Court to reverse lower court rulings limiting their client to equitable distribution of assets earned only during the parties’ brief, 14-month marriage. Hegge & Confusione persuaded the Supreme Court that the family court, as a court of equity, was required to evaluate the client’s equitable share of a $2.25 million deferred compensation bonus paid to the ex-husband in light of not just the formal marriage period but, also, the parties’ eight years of living and raising their daughter together preceding the formal marriage. Applying principles of unjust enrichment and constructive trust, “Aucoin-Thieme is entitled to a percentage of the portion of the closing bonus that Thieme earned during the parties’ cohabitation,” Justice Patterson said in a unanimous ruling for the Court.
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Hegge & Confusione Wins in New Jersey Supreme Court
Attorney Michael J. Confusione has persuaded the Supreme Court to vacate a murder conviction because of improper limitation on the cross-examination of a key State witness at trial, and violation of the defendant’s constitutional right to confront the witnesses against him. Speaking for a unanimous Court in State v. David Bass, Justice Patterson agreed that the trial court violated defendant’s confrontation rights by precluding defendant from cross-examining the surviving victim and primary State witness about charges lodged against himself, and that the trial court further infringed defendant’s confrontation right by permitting an assistant medical examiner to relay out-of-court autopsy findings made by another, non-testifying examiner. These errors mandated vacation of the defendant’s murder conviction and remand for a new trial, the Court held. Results-Driven Appellate Lawyers Serving New Jersey If you have been convicted of a crime, think Hegge & Confusione to help you appeal your case. With our extensive history of case victories and positive client testimonials, we can provide the appellate advocacy you need to maximize your chances of securing a favorable outcome. To find out more about what our legal professionals can do for you, request an initial consultation.
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Hegge & Confusione Back in NJ Supreme Court
Hegge & Confusione has persuaded the Supreme Court to hear a client’s case involving an important issue of family law.
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$330,000 in Municipal Fines Vacated on Appeal
New Jersey’s Appellate Division agreed with Hegge & Confusione that the lower courts’ imposition of $330,000 in fines violated New Jersey statutory law: “On remand, the court must reconsider the amount of the penalties imposed for defendant’s violations of N.J.A.C. 5:23-2.32(a) and N.J.A.C. 5:23-2.14 occurring, as charged, on September 27, 2012. N.J.S.A. 52:27D-138 does not mandate the imposition of any minimum penalties for defendant’s violations but does impose maximum penalties that may be imposed. The imposition of penalties, however, cannot be untethered to the facts and circumstances or be founded on the State’s opinion or request that the maximum allowable penalties should be imposed.”
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New Trial Granted in Criminal Appeal
New Jersey’s Appellate Division agreed with Hegge & Confusione that the client’s right to a fair trial was infringed: “Because of the State’s treatment of a potential defense witness and the court’s grant of the State’s motion to relieve defendant’s retained counsel over defendant’s objection without sufficient cause, we reverse.”
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Contact Hegge & Confusione for more information about our appellate law services.