Police Officer’s Testimony of Surveillance Footage Was “Best Evidence” When the Surveillance Footage Could Not Be Produced for Trial

June 2, 2021 |

State v. Bayoumi Appellate Docket No.: A-163-20 Decided June 1, 2021 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Division of New Jersey reviewed whether a police officer’s testimony of surveillance footage identifying defendant was appropriate “best evidence” when the surveillance footage could not be produced for trial. In…

Case Brief: M.C.S. v. J.C.K., 2021 WL 2010654

May 26, 2021 |

Unpublished Opinion; Shall not constitute precedent or be binding upon any court Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. Parties:               Plaintiff: M.C.S. Defendant: J.C.K. Proc. Hist.:         Trial Court granted plaintiff’s request for a FRO under the Prevention of Domestic Violence Act, based on the predicate acts of harassment, and simply assault by physical menace. …

Case Brief: L.D. v. M.J.M., 2021 WL 2012249

May 24, 2021 |

Unpublished Opinion; Shall not constitute precedent or be binding upon any court Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. Parties: Plaintiff: L.D. Defendant: M.J.M. Proc. Hist.:         Trial Court denied plaintiff’s request for a final restraining order and vacated temporary restraining order against defendant.  Plaintiff argues on appeal that (1) trial judge erred in failing…

Case Brief: State v. Kanem Williamson (A-65-19)(083979)

May 21, 2021 |

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Parties:  Plaintiff: State of New Jersey Defendant: Kanem Williamson Proc. Hist.:         Trial Court allowed the admission of hearsay evidence under the “dying declaration” exception.  Appellate Division affirmed; Supreme Court granted review. Facts:                  In the spring of 2014, A.B. was shot multiple times and found in a pool of…

Failure To Serve Tort Claim Notice Within 90 Days Will Likely Result in An Inability To Your Claim For Damages

May 19, 2021 |

Jeffrey v. State of New Jersey Appellate Docket No.: A-1187-18 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. In a published opinion, the Appellate Division of New Jersey reversed a denial of plaintiff’s motion to file a late tort claim’s notice ten months after the accident that caused the injury because of plaintiff’s gruesome injuries.…

Sweeney Bill Would Create Pilot Program for Regional Municipal Courts in Three Counties

May 18, 2021 |

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Trenton – Legislation sponsored by Senate President Steve Sweeney that would create a pilot program for the regionalization of municipal courts was approved by the Senate Judiciary Committee today. The legislation, S-3049, would establish a program in at least three counties with no fewer than five municipalities in…

Self-Defense And the Use of Deadly Force Has Very Specific Requirements

May 14, 2021 |

State v. Sanders Docket No. A-1965-18 Decided May 13, 2021 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In a published decision, the Appellate Division of New Jersey reviewed whether defendant self defense was a defense to endangering after defendant stabbed a store clerk and fled without calling emergency services. In State v. Sanders, just before…

Judges Undertaking Remote Domestic Violence Trials Are Faced with Challenges in Conducting These Adequately

May 13, 2021 |

D.M.R. v. M.K.G. Docket No. A-4085-19 Decided May 11, 2021 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent published decision the Appellate Division of New Jersey reversed a trial court entry of a Final Restraining Order (FRO) after the trial judge conducted a video conference hearing, did not allow defendant adequate time between…

Does a Parent Hosting a Birthday Party Have Authority to Sign a Waiver on Behalf of Other Parents?

May 13, 2021 |

Gayles v. Sky Zone Docket No. A-3519-19 Decided May 12, 2021 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. In a recent published decision the Appellate Division reviewed whether a parent hosting a party at Sky Zone had apparent authority to sign a waiver on behalf of other parents dropping off their children for the…

Review Whether Child Sexual Abuse Accommodation Syndrome (CSAAS) Was Grounds for A New Trial

May 7, 2021 |

State v. S.G. Appellate Docket No.: A-5627-16 Decided May 6, 2021 Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark In a recent unpublished opinion, the New Jersey Appellate Division reviewed whether scientific evidence of Child Sexual Abuse Accommodation Syndrome (CSAAS) presented for the conviction of defendant for sex crimes against children was grounds for a…