Submitted by New Jersey Criminal Lawyer, Jeffrey Hark This blog will consider State v. M.S. decided on June 17, 2014 by the Superior Court of New Jersey, Appellate Division. This is a case in which the State of New Jersey appealed an order establishing a Krol term of eleven years for a defendant who was…
Supreme Court Says Phones Can’t Be Searched Without a Warrant Submitted by New Jersey Criminal Attorney, Jeffrey Hark Originally published in the New York Times Read the related SCOTUS case, Riley vs California Chief Justice John G. Roberts Jr. called cellphones “a pervasive and insistent part of daily life.” Credit Stephen Crowley/The New York Times…
Submitted by truck crash attorney, Jeffrey Hark Originally published on nj.com HAMILTON TWP. – Two dump trucks collided head-on on Route 50 at about 3:30 a.m. Wednesday, according to Channel 6 Action News. At least one person was trapped and fuel spilled onto the highway, near South County Boulevard. Route 50 is closed in both directions.
Submitted by Workers Compensation Attorney, Jeffrey Hark Disability and Appellate Court Standard of Review The subject of this case is the court’s determination, and the appellate division’s affirmation, of the petitioner’s overall level of disability and the appellate court’s standard of review. Review the entire case here. Appellate Court Deference to Trial Court Ruling The…
Submitted by New Jersey Civil Lawyer, Jeffrey Hark Appellate Division division June 11, 2014. The issue in this case is the ability of a plaintiff to overcome verbal threshold statute in New Jersey in order to be able to recover financially for non-economic damages in a motor vehicle crash case. The only evidence the plaintiff,…
In determining whether to consent to admission, the prosecutor must consider seventeen factors listed in N.J.S.A. 2C:43-12(e),2 and also certain additional factors, policies, and The seventeen factors are: (1) The nature of the offense; (2) The facts of the case; (3) The motivation and age of the defendant; (4) The desire of the complainant or…
The state’s use of a defendant’s own investigator to testify against his own client at the time of trial! State vs. Nunez: New Jersey Appellate Division June 10, 2014. Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In this appeal the defendant was awarded a new trial after the state called, and the court allowed…
The Trucking Industry Wants to Weaken Safety Rules Days before an accident in which an allegedly drowsy truck driver crashed into a van carrying the actor Tracy Morgan, critically injuring him and killing another passenger, a Senate committee voted to roll back regulations meant to keep fatigued truckers off the nation’s highways. In a display…
State’s Evidential Burden of Proof in New Jersey DWI Appeal Submitted by New Jersey DWI Lawyer, Jeffrey Hark State of NJ vs. Gorgodian In this DWI Appeal the court is asked again to determine whether the state has met its evidential burden of proof and whether the trial court had erred when it made its…