Drug Dealer Guilty of First-Degree Strict Liability for Drug Induced Death

State v. Laporte Appellate Docket No.: A-4572-17T3 Decided and July 8, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In a recent unpublished decision, the Appellate Division reviewed whether the State’s unreasonable delay in discovery was enough to release defendants convicted of violent offenses on the grounds that their speedy trial detention deadlines were…

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Violating the Right to Speedy Trial Releases Defendants Convicted of Violent Offenses

State v. Williams Appellate Docket No.: A-2850-19T6 Decided and July 7, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In a recent published decision, the Appellate Division reviewed whether the State’s unreasonable delay in discovery was enough to release defendants convicted of violent offenses on the grounds that their speedy trial detention deadlines were…

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NJ Supreme Court Decision State v. Greene

State v. Greene Appellate Docket No.: A-96-18 Decided and June 23, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In a recent decision by the Supreme Court of New Jersey, the Court reviewed whether a prosecutor who details evidence of a key witness to the jury, then the witness refuses to testify, prejudices the…

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Police: Man attacked woman, threatened to ‘cremate’ her

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. WEST DEPTFORD – A Winslow man is behind bars on charges that he tried to kill a woman and then led police on a car chase while the injured victim was in his vehicle. Tomas O. Aponte Jr., 36, used a folding knife to cut the woman’s…

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Definition of “Significant” Injury in an Assault Case

State vs. Regan  Definition of “significant” Injury in an Assault Case — temporary loss of any bodily member or organ or ‘temporary loss of any one of the five senses.” Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In this case there was a question of fact regarding what this individual defendant did to cause…

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Prosecutorial Misconduct Can Be a Ground for Reversal

Prosecutorial misconduct can be a ground for reversal where the prosecutor’s misconduct was so egregious that it deprived the defendant of a fair trial. State vs. Regan   Appellate Division February 9, 2016 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. This case was won and or lost by the prosecutor based on several witness’ testimony…

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Resentencing After Prior Conviction

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark 14-2-4712 State v. Brown , App. Div. (per curiam) (25 pp.) Defendant appeals his convictions of second-degree aggravated assault, third-degree aggravated assault, and unlawful possession of a knife arising out of an altercation outside a fraternity house at Rutgers University. Prior Conviction Supporting Aggravating Sentencing Factors The…

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