By SAM SUTTON 05/09/2019 07:31 PM EDT Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark TRENTON — Legislation that would legalize marijuana for recreational use in New Jersey appears to be dead — at least for now. The Democrat-controlled Legislature no longer expects to vote this month on a package of three bills that would…
State v. Jackson, N.J. Super. App. Div. May 9, 2019 (Not Appoved for Publication) Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark Defendant appealed from his conviction on drug and weapons charges. Police had attempted to conduct a traffic stop of a vehicle operated by defendant for failure to wear seatbelts. Defendant led officers on…
Abdalla v. Threegees, N.J. Super. App. Div. (Not Approed for Publication) Plaintiff appealed the dismissal of his slip-and-fall complaint. The court agreed with the motion judge because it was still raining when plaintiff fell and defendant’s reasonable period to treat the sidewalk began at the conclusion of the precipitation. What is a reasonable amount of…
Don v. Edison Car Company, New Jersey Appellate Division May 9, 2019 (Not Approved for Publication) Submitted by New Jersey Civil Lawyer, Jeffrey Hark. We review the denial of a motion for a new trial under the same standard that bound the trial court. Risko v. Thompson Muller Auto. Grp., Inc., 206 N.J. 506, 522…
Don v. Edison Car Company, New Jersey Appellate Division May 9, 2019 (Not Approved for Publication) Submitted by New Jersey Civil Lawyer, Jeffrey Hark. Burden of Proof— We also review a trial court’s evidentiary rulings under a deferential standard. “When a trial court admits or excludes evidence, its determination is ‘entitled to deference absent a…
Don v. Edison Car Company, New Jersey Appellate Division May 9, 2019 (Not Approved for Publication) Submitted by New Jersey Civil Lawyer, Jeffrey Hark. In this case the plaintiff’s attorney asked the court to give the following ‘time unit measurement jury charge based on past and future pain and suffering— (i) LIFE EXPECTANCY (Approved 02/1996)…
Allowing the jury to hear a Hearsay statement.– How…. “to show a statement’s effect on the listener”
Don v. Edison Car Company, New Jersey Appellate Division May 9, 2019 (Not Approved for Publication) Submitted by New Jersey Civil Lawyer, Jeffrey Hark. We first turn to defendant’s contention that the trial court erred when it allowed plaintiff to testify that Dr.’s Vingan and Arginteanu had recommended that plaintiff undergo surgery. It is well established…
State v. Nelson, New Jersey Supreme Court Decided May 8, 2019 — Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. We therefore consider whether a reasonable and articulable suspicion beyond that which justified the stop supported the canine sniff. See Dunbar, 229 N.J. at 540 (“[I]f an officer has articulable reasonable suspicion independent from the reason…
State v. Nelson, New Jersey Supreme Court Decided May 8, 2019 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Commentary: The court rules that a 40 minute wait for a drug sniffing dog to arrive based on relatively flimsy ‘independent reasonable and articulable suspicion” of the detective who conducted a motor vehicle stop was not…
State v. Roach New Jersey Appellate Division May 8, 2019 (Not Approved for Publication) Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark. Summary: All 50 states and the federal government have laws that have been held to be constitutionally acceptable allowing law enforcement to take a DNA sample (modern fingerprint) from a defendant at…