State v. Davon M. Johnson New Jersey Supreme Court Argued March 11, 2019 — Decided May 30, 2019 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Issue on Appeal: Johnson’s unsuccessful application for pretrial intervention (PTI). Johnson was charged with third-degree possession of a controlled dangerous substance (CDS) within 1000 feet of a school zone,…
LOUIS A. MAGDON v. HARLEY-DAVIDSON USA, New Jersey Appellate Division May 31, 2019 Submitted by New Jersey Motor Vehicle Accident Lawyer, Jeffrey Hark. Facts: Plaintiff purchased a new Harley-Davidson motorcycle in 2010 at Liberty, a Harley-Davidson dealership. Over the next several years, plaintiff serviced the motorcycle at Liberty, usually before going on a long trip.…
Submitted by New Jersey Truck Crash Lawyer, Jeffrey Hark. Following a yearlong examination of the onslaught of attorney solicitations following motor vehicle accidents and violations, the New Jersey State Bar Association’s ad hoc committee has issued recommendations to address the issue. In a letter to Chief Justice Stuart Rabner, then-President John E. Keefe Jr. urged…
KM v. MD New Jersey Appellate Division May 23, 2019 (Not Approved for Publication) Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. And so the holiday season starts today with Memorial Day weekend with a new domestic violence appellate court decision and a blog. Silver v. Silver & imminent threat of bodily injury.…
State v. Rodriguez New Jersey Appellate Division May 21, 2019 (Not Approved for Publication) Submitted by New Jersey Criminal Layer, Jeffrey Hark Issue: How long can the police keep a motor vehicle driver at a motor vehicle stop for a mere equipment violation? Facts: The following facts are derived from the motion record. On March…
Colombo v. Estate of Serriano , N.J. Super. App. Div. (Fuentes, P.J.A.D.) (8 pp.) (Not approved for Publication Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. Plaintiff appealed the dismissal of her slip and fall action. Plaintiff slipped and fell on snow and ice on the sidewalk in front of decedent’s single-family home. The trial…
New Jersey Supreme Court declares that a Guilty plea or Jury Verdict for a second offense of driving while suspended during a DWI period of suspension under NJSA 2C:40-26 required 180 county jail time with NO parole or ‘intermittent’ days to serve the jail time Submitted by New Jersey DWI Lawyer, Jeffrey Hark. State v.…
The key to this case is the excellent development of the circumstantial and attendant facts surrounding the access to the worksite, and its proximity to public access, together with the deposition of numerous construction employees and the safety literature/materials of the company contracted to perform the work. It is an excellent read of the meticulous…
Any person who, at the time of an automobile accident resulting in injuries to that person, is required but fails to maintain medical expense benefits coverage mandated by [N.J.S.A. 39:6A-3.1, -3.3, or -4] shall have no cause of action for recovery of economic recovery. Hurtado v. Wilkins , N.J. Super. App. Div. (Not Approved for…
Must a Criminal Defendant Turn Over Cellphone Passwords? NJ Supreme Court Will Decide In an increasingly technological age, the case is one lawyers are paying close attention to with the Association of Criminal Defense Lawyers of New Jersey listed as an amicus. Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Does compelling a criminal defendant…