State v. Browne Docket No. A-0371-17T1 Issue: The issue in this case is whether the trial court erred in granting the State’s pretrial application to obtain a buccal swab from the defendant to extract a sample of his DNA. Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Facts: At approximately 1:00 a.m. on April 19,…
Adequate probable cause found by trial court and affirmed on appeal when police officer directly observed the defendant involved in a drug transaction. STATE OF NEW JERSEY, v. DARRELL M. HALL, SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION Decided September 18, 2019 Mercer County, Indictment No. 15-04-0554. Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark.…
A.M.V ., v. F.T., SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION September 19, 2019. Appellate Court affirms finding of domestic violence without trial court analyzing 2nd prong of Silver v. Silver because of ‘inherent’ violence of a shove alone without concern for the ‘risk of future harm’! Submitted by New Jersey Domestic Violence Lawyer,…
STATE OF NEW JERSEY, Plaintiff-Respondent, v. WILLIAM S. BING, SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Decided September 16, 2019 Issue: Defendant appeals the denial of his pretrial intervention (PTI) application. Finding no ground that would permit judicial intervention into that prosecutorial determination, we affirm. Facts: Defendant was indicted…
State v. Satoris Appellate Division September 14, 2019 Appeal from Gloucester County Law Division Appeal from a trial court determination —— Evidence dicition by the Trial Judge Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. All trial courts are vested with broad discretion in determining whether proffered evidence is relevant, and if so, whether it should…
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. MORRISTOWN — Gov. Phil Murphy’s administration plans to use the “power of the purse strings” to advocate for stricter gun policies not just in New Jersey, but nationally. Murphy on Tuesday signed an executive order that will govern how New Jersey does business with firearms retailers and…
State of N.J. vs. Byers Cumberland County Appeal 4-2-2495 State v. Byer, N.J. Super. App. Div. (per curiam) DECIDED SEPTEMBER 4, 2019 Urine and Blood Draw– Submitted by New Jersey DWI Defense Lawyer, Jeffrey Hark. Defendant Brittany Byer appeals from a March 27, 2017 decision denying her motion to suppress her statements to police, as well…
STATE OF NEW JERSEY, v. LEVAR MARTINBOROUGH, NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not “constitute precedent or be binding upon any court.” Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3.…
Submitted by New Jersey DWI Lawyer, Jeffrey Hark. The Police and the court can not use the “Pen test” (HGN) to convict a defendant of DWI. A trial court judge can not use any evidence derived from the HGN as evidence of anything under any “Totality of the Circumstances” evaluation of the evidence. In this…
DAWN O’NEILL, v. ROBERT NEUSCH and LINDA NEUSCH, NEW JERSEY APPELLATE DIVISION August 29, 2019 PER CURIAM Procedural History Plaintiff, Dawn O’Neill, appeals the summary judgment dismissal of her personal injury action. She alleged in the complaint that she was seriously injured when she was caused to fall down the exterior steps of her sister’s home due to a negligently…