NJ Supreme Court: Flawed Evidence & Identification in State v. Burney (A-24-22, Aug 2, 2023)

August 10, 2023

State of New Jersey v. Roberson Burney Docket No. A-24-22 Decided August 2, 2023 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In a recent published opinion, the Supreme Court of New Jersey was tasked with determining whether it was cumulative error for the trial court to admit two pieces of evidence: expert testimony that defendant’s…

NJ Appellate Court Reverses Decision: Unlawful Search & Suppression of Evidence | Hark & Hark Attorneys

August 2, 2023

State of New Jersey v. Shadi Allie Docket No. A-0082-22 Decided July 26, 2023 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from an interlocutory order denying her motion to suppress evidence seized during a warrantless search of the van in which…

Privacy Ruling: NJ Supreme Court Limits Law Enforcement’s Access to Facebook Communications in Real Time.

July 6, 2023

Facebook, Inc. v. State of New Jersey Docket Nos. (A-61-21; A-7-22) (087054) Decided June 29, 2023 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent published opinion, the Supreme Court of New Jersey decided whether law enforcement officials can obtain the contents of electronic communications from a Facebook account prospectively every 15 minutes for…

Reversed Defendant’s Conviction Following His Plea of Guilty to the Rape and Murder of A.S

June 29, 2023

State of New Jersey v. Andreas Erazo Docket No. A-16-22 Decided June 21, 2023 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent published opinion, the Supreme Court of New Jersey was tasked with determining whether the Appellate Division properly reversed defendant’s conviction following his plea of guilty to the rape and murder of…

Motion To Suppress Evidence Seized as the Result of an Unlawful Search

June 16, 2023

State of New Jersey v. Damon Gary Docket No. A-0590-22 Decided June 9, 2023 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided the State’s appeal from an order granting defendant’s motion to suppress a handgun recovered during a stop and frisk. On February 16,…

Appeal Of the Denial of Motion to Suppress Mirandized Statement to Police

June 15, 2023

State of New Jersey v. Nicholas Gomez-Zuniga Docket No. A-0601-21 Decided May 22, 2023 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from the denial of his motion to suppress his Mirandized statement to police. In July 2017, the State moved for…

Motion To Dismiss Indictment Based on Stated Completion of Pre-Trial Intervention (PTI) Program: Denied

June 9, 2023

State of New Jersey v. Devon Grant Docket No. A-3147-19 Decided May 31, 2023 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from an order denying his motion to dismiss his indictment based on his stated completion of the pre-trial intervention (PTI)…

Police May Not Enter a Detained Vehicle Under the Authority of the Registration Search

June 7, 2023

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Yesterday New Jersey’s Appellate Division held, in a published opinion in the case of State v. Johnson, established new rules which all New Jersey’s police must follow when conducting a motor vehicle search for a paper copy of a registration. The panel reversed the trial judge’s denial of…

Motion to Suppress Marijuana and a Firearm Seized During a Traffic Stop

June 7, 2023

State of New Jersey in the Interest of S.H. Docket No. A-2170-20 Decided May 31, 2023 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided S.H.’s appeal from an order denying his motion to suppress marijuana and a firearm seized during a traffic stop. In…

State Of New Jersey V. Osher Eisemann: Case Pertaining to Motions for a New Trial Based on Newly Discovered Evidence and Brady Violations

May 31, 2023

State of New Jersey v. Osher Eisemann Docket No. A-0186-22 & A-0187-22 Decided May 26, 2023 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided the State’s motion for leave to appeal the order granting defendant a new trial. The basis of defendant’s charges stemmed…