Witnesses That Are Not Expert Witnesses Can Only Testify as To Their Firsthand Knowledge

January 22, 2021 |

State v. Amrit Singh Appellate Docket No.: A-37-19 Decided January 21, 2021 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent opinion, the Supreme Court of New Jersey reviewed whether a detective’s reference to “the defendant” while narrating surveillance footage of a robbery and comparing defendant’s shoes to those in the video were reversible…

Violations of Temporary Restraining Orders (TRO) And Final Restraining Orders (FRO) Are Criminal Acts

January 21, 2021 |

State v. E.J.H. Appellate Docket No.: A-4228-19T1 Decided January 19, 2021 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent published opinion, the Appellate Division of New Jersey reviewed a trial court’s dismissal of a Temporary Restraining Order (TRO) contempt charge when defendant spoke directly into a “Nest” home security camera knowing the victim…

Prosecutor Misconduct During A Trial Can Be Means to Denying A Defendant A Right to A Fair Trial

January 20, 2021 |

State v. Damon Williams Appellate Docket No.: A-46-19 Decided January 19, 2021 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent opinion, the Supreme Court of New Jersey reviewed whether the use of an image from the Shining during closing summation was appropriate in a circumstance where no physical force was used. In State…

Oral Argument Is Rarely Denied in Navigating Complex Matters in Family Law Such as Modifications of Parenting Time

January 19, 2021 |

Robertelli v. Robertelli Docket No. A-1187-19T2 Decided January 15, 2021 Submitted by New Jersey Family Law Firm, Hark and Hark In a recent unpublished decision the Appellate Division reversed a trial court’s denial of oral argument and plaintiff’s motion to modify parenting time. In Robertelli, the parties were married for 13 years before divorce and had…

State v. Fagg | New Jersey Appellate Division unpublished Decision: Filed: 2021-01-08

January 15, 2021 |

Submitted by New Jersey DWI Lawyer, Jeffrey Hark. Michale Fagg appeals his conviction of driving while intoxicated DWI. At around 1:30 AM, witness Jill Muriithi noticed that a vehicle was parked at the entrance of the parking lot of her apartment complex. The vehicle was just sitting there with its lights on. She had to pull…

Failing to Investigate Alibi Witnesses or Evidence May Result in Ineffective Relief of Counsel

January 15, 2021 |

State v. Gideon Appellate Docket No.: A-31-19 Decided January 14, 2021 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent opinion, the Supreme Court of New Jersey reviewed an application for post conviction relief (PCR) based on ineffective assistance of counsel for failing to call alibi witnesses to a shooting. In State v. Gideon,…

Promissory Estoppel – Compensation for Half the Value of An Unfinished Home Promised Prior To Divorce

January 14, 2021 |

Fischer v. Fischer Docket No. A-5294-18T2 Decided January 13, 2021 Submitted by New Jersey Family Law Firm, Hark and Hark In a recent unpublished decision the Appellate Division reviewed a trial court’s order giving $167,000 to defendant from plaintiff’s parents in compensation for ½ value of an unfinished home plaintiff’s parents promised the parties prior…

Pardons Can Now Expunge Criminal Convictions That Were Otherwise Ineligible

January 12, 2021 |

In re Petition for Expungement of the Criminal Record Belonging to T.O. Decided: January 11, 2021 Docket No.: A-55-19 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark The Supreme Court of New Jersey has recently ruled that a pardon by the President or Governor can now make criminal convictions eligible for expungement that were otherwise not…

COVID-19 – VIRTUAL CIVIL JURY TRIALS

January 8, 2021 |

AFTER 105 YEARS, LAW WITNESSES CAN NOW TESTIFY AS TO APPROXIMATE AGE OF CHILDREN

January 6, 2021 |

State v. Gerena Appellate Docket No.: A-3655-18T2 Decided January 5, 2021 Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark In a published opinion, the Appellate Division of New Jersey ruled that lay witnesses, under the right circumstances, can testify as to the approximate age of children, overturning a Supreme Court ruling from 1916. In…