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,…
Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark. Rebecca Odorisio was traveling home on a crowded A train on Tuesday when a photo suddenly appeared on her phone from someone identifying himself as “The Enterprise.” It was a picture of an erect penis, sent to her over AirDrop, an iPhone feature that allows users…
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Today the Supreme Court heard oral argument in the case of Tyson Timbs, an Indiana man who lost his 2012 Land Rover after he pleaded guilty to drug charges. The state argued that it could seize the car because it had been used to transport drugs, but…
Submitted by New Jersey DWI Lawyer, Jeffrey Hark Issue: What evidence is too prejudicial to introduce to a jury? Remember all evidence is prejudicial to a defendant! The state will attempt to introduce all of it because that evidence will aid the jury to convict a defendant. The ultimate question will be whether the trial…
Can the prosecutor’s office obtain a DNA swab from a defendant’s month without criminal charges pending or an arrest? Is there a difference if the person has been charged with a crime? Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Issue: In this case the state filed an action in the Superior Court seeking a…