Daubert Standard in Criminal Appeals: DRE Testimony Admissibility and Review

November 15, 2023 |

Summarize Olenoswski Decision 11-15-23.pdf Submitted by New Jersey Criminal Lawyer, Jeffrey Hark The document is a syllabus summarizing the court’s opinion in State v. Michael Olenowski. It discusses the court’s consideration of whether Drug Recognition Expert (DRE) testimony is reliable and admissible under the Daubert standard, as well as the appropriate standard of review for Daubert-based…

NJ Court Upholds Search: Emergency Aid Doctrine in Warrantless Hotel Room Entry

November 10, 2023 |

State of New Jersey v. Pedro Sarkis-Farahlaporte Docket No. A-2836-21 Decided October 27, 2023 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from an order denying his motion to suppress evidence from a warrantless search of a hotel room he was occupying.…

New Jersey Domestic Violence Charges Must Be Dismissed When a Victim Invokes Their 5th Amendment Rights with No Other Witnesses

November 10, 2023 |

State v. D.A.B. Appellate Docket No.: A-1848-22 Decided September 19, 2023 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Division of New Jersey affirmed a dismissal of criminal charges related to a domestic violence matter after the prosecutor failed to disclose conversations with the victim in which the…

DWI Conviction Upheld in State v. Elizabeth Karlinski – A-2836-21

November 7, 2023 |

State of New Jersey v. Elizabeth Karlinski Docket No. A-2836-21 Decided October 27, 2023 Submitted by New Jersey DWI Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from her conviction for driving while intoxicated (DWI). The record reflects that on March 9, 2019, at approximately 1:00 a.m.,…

Defendant’s Guilty Plea Withdrawal Denied – State v. Carlo Amato

November 2, 2023 |

State of New Jersey v. Carlo Amato Docket No. A-2788-21 Decided October 10, 2023 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from an order denying his motion to withdraw his guilty plea. In October 2017, defendant was indicted on charges of…

Appellate Reversal: TCA Notice Error in Taylor v. Morristown Housing

October 9, 2023 |

Nailah Taylor v. Town of Morristown, et al. Docket No.:    A-2725-22 Decided October 4, 2023 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. In a recent unpublished decision, the Appellate Division overturned a denial of a Motion to Dismiss on behalf of Morristown Housing Authority (MHA) after plaintiff failed to notify them within time…

Severance Ruling in NJ vs. Grimsley & Malik – August 28, 2023

October 3, 2023 |

State of New Jersey v. Dandel Grimsley & Mateen Malik Docket No. A-2699-22 Decided August 28, 2023 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent published opinion, the Appellate Court of New Jersey decided the State’s appeal from an order granting defendants’ motion for severance of their scheduled joint trial. In this case,…

PDVA Appeal Outcome: S.Y.R. v. R.R. – Docket A-3388-21 (Sept. 15, 2023)

September 22, 2023 |

S.Y.R. v. R.R.            Docket No. A-3388-21                     Decided September 15, 2023  Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from a final restraining order (FRO) entered against him pursuant to the Prevention of Domestic Violence Act (PDVA), in favor of…

Free Speech Prevails: S.B.B. v. L.B.B. – Landmark Decision, Sept. 6, 2023

September 19, 2023 |

S.B.B. v. L.B.B. Docket No. A-0305-21 Decided September 6, 2023 Submitted by New Jersey Family Lawyer, Jeffrey Hark. In a recent published decision the Appellate Division of New Jersey reversed a trial court’s order entering a final restraining order (FRO) against defendant for her pressuring her husband, plaintiff, to get a Jewish divorce, or “get” on…

Appellate Court Decision in M.B. v. C.C. – PDVA Violations and FRO Appeal

September 14, 2023 |

M.B. v. C.C. Docket No. A-3319-21 Decided September 7, 2023 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Court of New Jersey decided plaintiff’s appeal from the trial court’s denial of a final restraining order (FRO), claiming the trial court erred in determining plaintiff failed to prove the…