State v. Hedgespeth Appellate Docket No.: A-0850-18T3 Decided August 3, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In a recent decision approved for publication, the Appellate Division reviewed whether there was a kidnapping under the statute while a sex assault occurred. In State v. Hedgespeth, defendant was convicted of third-degree possession of a controlled…
Memorandum ISSUE: How does the court appoint a family member or guardian over another family member who is handicapped or incompetent? LAW: If the court finds that a person is incapacitated, the court must then independently determine whom to appoint as guardian. In making this determination, the court should consider the recommendations of the court-appointed…
State v. Terres: Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Police were seeking to arrest a man named Fuller on a warrant and received information he was staying at a trailer park, possibly with defendant. State police informed officers defendant had been arrested and told officers that defendant said Fuller was at the trailer…
State v. Hreha Appellate Docket No.: A-2744-19T3 Decided July 21, 2020 Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark In a recent unpublished decision, the Appellate Division overturned a trial court’s suppression of evidence recovered from an overdose victim’s cellphone which included text message from defendant implicating him in a drug deal that led…
State v. Davis Appellate Docket No.: A-2784-18T3 Decided July 21, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished decision, the Appellate Division reviewed whether there was ineffective counsel for a law student, representing a defendant under the Court rules, was also court appointed to represent a codefendant for the same…
State v. McCray: Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In consolidated cases, defendants appealed from the judgments of the appellate division reversing the orders of the trial court in defendants’ cases. In April 2017, defendant McCray was arrested and charged with second-degree robbery. A week later, the trial court released McCray subject to…
State v. Pineiro: Submitted by New Jersey Criminal Lawyer, Jeffrey Hark This case arose out of an appeal by the State from the trial court’s grant of defendant’s motion to reopen his detention hearing and the order releasing defendant from detention pending disposition of his charges. On February 9, 2020, Clifton police arrested and charged…
Estate of Niler v. Twp. of Millburn: Submitted by New Jersey Wrongful Death Lawyer, Jeffrey Hark On or about July 10, 2015, decedent was driving along a road intersecting with the South Mountain Reservation. The South Mountain Reservation is owned and maintained by Essex County. While decedent was driving, a tree in the South Mountain…
Royster v. Royster Docket No. A-2715-18T3 Decided July 20, 2020 Submitted by New Jersey Alimony Law Firm, Hark and Hark. In a recent unpublished decision the Appellate Division reviewed a trial judge decision denying defendant’s motion to end his college contribution requirement for failure of plaintiff to supply the financial documentation, and required him to…
B.E.D. v. D.S.W. Docket No. A-3436-18T2 Decided July 20, 2020 Submitted by New Jersey Restraining Order Law Firm, Hark and Hark. In a recent unpublished decision the Appellate Division overturned a Final Restraining Order (FRO) entered by the Trial Court despite allegations of a forced rape with a gun, and several gruesome details a prior…