Constitutionality of a Search And Seizure of Evidence by Law Enforcement | State v. Kelly-Pallanta

July 16, 2020 |

State v. Kelly-Pallanta: Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Defendant pled guilty to possession of methamphetamine with intent to distribute following the denial of his motion to suppress evidence seized from his home pursuant to a search warrant. Defendant appealed the trial court’s October 17, 2017 order denying his motion to suppress the…

Hostile Work Environments and Workplace Harassment | Mason v. Saker ShopRites, Inc.

July 13, 2020 |

Mason v. Saker ShopRites, Inc.: Submitted by New Jersey Civil Lawyer, Jeffrey Hark Plaintiff alleged her coworkers at ShopRite made sexually inappropriate comments and jokes during work, and that she saw another worker inappropriately touch her supervisor. She also contended that she reported her coworkers’ theft of company property to a supervisor, and later later…

The Constitutionality of a Pre-Trial Detention Based on Defendants’ Immigration Status

July 13, 2020 |

State v. Molchor: Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Defendants were arrested for aggravated assault and criminal mischief. The facts stipulate that defendants allegedly attacked and injured the host at a party they attended, and afterwards fled the scene in a car before being stopped by police. They were apparently under the influence.…

Constitutionality of the Seizure of Evidence by Law Enforcement

July 13, 2020 |

State v. Torres: Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. After the trial court denied his motion to suppress the seizure of the clothing he was wearing when he was taken into custody, defendant pleaded guilty to first degree murder, N.J.S.A. 2C:11-3(a) (1) (count one); second-degree disturbing human remains, N.J.S.A. 2C:22-1(a)(1) (count four); and…

Remote Trial Without the Consent Of Either Party During the COVID-19 Pandemic

July 13, 2020 |

State v. D.E.: Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. The State appealed an order denying reconsideration of a verbal decision to schedule a trial date for defendant’s remotely conducted domestic violence contempt trial in the Family Part, and the defendant joined in the State’s application as well. Defendant was charged with two…

Slip and Fall Injury from Wet Steps at Harrah’s Casino

July 10, 2020 |

Crook v. Harrah’s Docket No.: A-2530-18T1 Decided July 9, 2020 Submitted by New Jersey Slip and Fall Lawyer, Jeffrey Hark In a recent unpublished decision, the Appellate Division considered whether a landlord was required to perform criminal background checks on tenants to promote the safety of other tenants. In Crook, Plaintiff, an employee of a…

Drug Dealer Guilty of First-Degree Strict Liability for Drug Induced Death

July 9, 2020 |

State v. Laporte Appellate Docket No.: A-4572-17T3 Decided and July 8, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In a recent unpublished decision, the Appellate Division reviewed whether the State’s unreasonable delay in discovery was enough to release defendants convicted of violent offenses on the grounds that their speedy trial detention deadlines were…

Violating the Right to Speedy Trial Releases Defendants Convicted of Violent Offenses

July 8, 2020 |

State v. Williams Appellate Docket No.: A-2850-19T6 Decided and July 7, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In a recent published decision, the Appellate Division reviewed whether the State’s unreasonable delay in discovery was enough to release defendants convicted of violent offenses on the grounds that their speedy trial detention deadlines were…

Motion To Terminate Or Modify Alimony and Child Support | Fiore v. Fiore

July 7, 2020 |

Fiore v. Fiore Docket No. A-4672-17T4 Decided July 6, 2020 Submitted by New Jersey Divorce Law Firm, Hark and Hark. In a recent unpublished decision the Appellate Division reviewed a trial judge decision to force defendant to pay part of her child’s college expenses, reduce the child support she was receiving, and make her pay…

Defendant’s Sixth Amendment Right to Confront A Witness | State v. Jackson

July 5, 2020 |

State v. Jackson: Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In November 2014, a man witnessed an individual exiting his home carrying his TV. When he entered his own home, the victim found his TV, computer, and video game console missing. The victim described the man carrying his TV to police and alleged his…