Submitted by New Jersey Criminal Lawyer, Jeffrey Hark State v. Shaquan Hyppolite (A-48-17) (080302) Argued September 13, 2018 — Decided December 11, 2018 RABNER, C.J., writing for the Court. ISSUE: When the State seeks to detain a defendant pretrial under the Criminal Justice Reform Act (CJRA), prosecutors must disclose “all exculpatory evidence” before the detention…
State v. Laurie Wint (A-28/29-17)(079660) Argued September 26, 2018 — Decided December 12, 2018 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Issue: Did Pennsylvania detectives violated Edwards v. Arizona, 451 U.S. 477 (1981), by attempting to question defendant Laurie Wint in Camden and later questioning him in Pennsylvania after he earlier requested counsel. The Court…
Dean v. Harrah’s Casino Decided December 13, 2018 New Jersey Appellate Division Unreported Decision Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark This is a great case to review to learn what a plaintiff’s attorney must do in order to first establish s/he has the facts and law on his side to bring a law…
Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. Jake Hudnut is the new municipal prosecutor in Jersey City. He and the man who appointed him, Mayor Steve Fulop, have decided to get out in front of the marijuana debate. Effective Thursday, they are decriminalizing it, allowing possession of small amounts and discreet use. “We…
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. 96 N.J. 5382 476 A.2d 12193 Marie E. KELLY, Plaintiff-Appellant, v. Donald C. GWINNELL and Paragon Corp., Defendants-Appellants, and Joseph J. Zak and Catherine Zak, Defendants-Respondents. 4 Supreme Court of New Jersey.5 Argued Feb. 21, 1984. Decided June 27, 1984.6 [476 A.2d 1220] [96 N.J. 540] Nicholas G.…
Submitted by New Jersey Civil Lawyer, Jeffrey Hark. JUAN MORALES-HURTADO, Plaintiff-Appellant, v. ABEL V. REINOSO and NEW SERVICE, INC., New jersey Appellate Division December 6, 2018 Issues: What professional conduct is far wide of the mark to warrant a new trial. How far can defense counsel to cross examine the plaintiff and the plaintiff’s doctors without causing undue prejudice? The…
I want to file a post conviction relief motion after trial because I do not believe my attorney represented me as well as he should have. No, in this particular case the court does not have to conduct a hearing if the petitioner, the defendant, is not able to make a prima facia showing that it can satisfy…
Issue: In this case the police approached a car for no reason which the officer observed pull into a parking lot of a closed store late at night after hours. Are they allowed to do that and walk up to the driver and start to ask questions? Have the driver been arrested at that time?…
When does the 15 year time period clock start to run for CSL Law in New Jersey? Is CSL different than Megan’s law? Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Facts: J.M. and H.D. were convicted of sex offenses, see N.J.S.A. 2C:7-2(b), in 1994 and 1998 respectively, and sentenced to periods of probation. Pursuant…
Issue: In this case the state seemed a victims cell phone and conducted a forensic download of all the victim’s texts from the night before a sexual assault. The state obtained a full list of all texts on the phone from September 10, 2015, to September 28, 2015, along with a log of O.R.’s calls from September 15,…