22-2-2532 Estate Of Frankie L. Garner v. Senior Care Centers Of America, Inc.,App. Div. (per curiam) (4 pp.) Defendant Senior Care Centers of America, Inc. operates an adult care facility. Garner, who was then eighty-four years old, was being cared for in the facility when she stood up and then abruptly sat back down, either…
Review of State vs. R.P. by New Jersey Criminal Attorney, Jeffrey Hark The subject matter at issue in the knowing and voluntariness of a defendant’s video and audio statement that is being offered at the time of trial. In every case the court MUST conduct a Rule 104 hearing to determine if, at the time…
RECORD IMPOUNDED NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-5394-10T4 STATE OF NEW JERSEY, Plaintiff-Respondent, v. R.P., Defendant-Appellant. _________________________________________________ Submitted September 10, 2013 – Decided Before Judges Sabatino and Hayden. On appeal from Superior Court of New Jersey, Law Division, Bergen County, Indictment…
4-1-2449 State v. Gibson, Sup. Ct. (Albin, J.) Written and Published by New Jersey Criminal Defense Lawyer, Jeffrey Hark of Hark and Hark This case addresses the significant issue of a police arrest and search for a person walking down the street, late at night, in a high crime area, when the police drive by…
36-7-2472 In re Paulsboro Derailment Cases, Lord v. Consolidated Rail Corporation, Dist. Ct. (Kugler, U.S.D.J.) (7 pp.) This case arises out of the November 30, 2012, derailment of a freight train and subsequent chemical spill in Paulsboro, New Jersey. Plaintiffs are adults and minors who allege that they suffered physical injuries as a result of…
RECORD FILE PHOTO Hasbrouck Heights police conducting a sobriety check in 2002. Penalties for DWI could be changed this year. Most convicted drunken drivers in New Jersey could avoid mandatory license suspensions under a new bill making its way through the Legislature — a proposal that constitutes a major shift in how the state deals…
State v Bennet (UnPub App 2013) Today the New Jersey Appellate Division affirmed the municipal court’s determination that a police officer did not have any objective lawful basis to walk up to a car in a gas station at or near a college campus and open the door and immediately investigate a DWI offense. In…
Plaintiff in the Federal Court case of Perri v. Resorts International Hotel, Inc., Dist. Ct., filed a motion for a new trial in this matter after a jury returned a small verdict only reflecting the past medical bills that were incurred as a result of an alleged claim for damages for injuries allegedly sustained when…
State vs Sanchez In this appeal the Courts were requested to look at several issues. IN this blog we will discuss the right of the police to enter an accessible, open, unlocked, multi-story apartment building that has public hallways and stairs as well as private locked areas accessible only to the tenants. The court found…