Posts Tagged ‘New Jersey Criminal Law’
Defense Expert Not Permitted to Appear Virtually, Resulting In The Loss Of Defendant’s Counter Expert To The State
State v. Tyrell S Lansing Appellate Docket No.: A-1592 Decided October 3, 2024 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent published opinion, the Appellate Division of New Jersey affirmed the denial of a request from Defendant’s expert to appear virtually for the trial, despite the expert being unable to appear due to…
Read MoreNJ Appellate Court Upholds DWI Evidence from Warrantless Vehicle Stop
State of New Jersey v. William Davenport Docket No. A-3606-22 Decided May 21, 2024 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from a Law Division order, which denied his motion to suppress evidence obtained after the warrantless stop of his motor…
Read MoreIdentification Of a Defendant by Photo Array Cannot Occur Before Trial Unless It Is Disclosed and a Hearing on The Issue Takes Place
State v. Brandon M. Washington Appellate Docket No.: A-29-22 Decided January 8, 2024 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent opinion, the Supreme Court of New Jersey reversed a conviction of a defendant where witnesses were shown a photo array prior to trial to identify the defendant as a shooting suspect. In…
Read MoreNJ Supreme Court: Flawed Evidence & Identification in State v. Burney (A-24-22, Aug 2, 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…
Read MoreAs Long as Officers Are Lawfully Present and There Is Evidence of a Crime That Is Immediately Apparent to Officers, They Can Seize the Evidence Without a Warrant
State v. Marese Washington, Jr. Appellate Docket No.: A-0733-22 Decided April 5, 2023 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent published opinion, the Appellate Division of New Jersey reversed a granting of a motion to suppress after finding that police lawfully seized defendant’s vehicle in plain view after it was immediately apparent…
Read MoreInterlocutory Review Was Improvidently Granted and Accordingly Dismissed the Appeal
State of New Jersey v. Anthony King, et al. Docket No. A-2970-21 Decided March 21, 2023 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided defendants’ motion appealing the court’s interlocutory orders which granted the State’s applications to quash defendants’ subpoenas duces tecum issued to…
Read MorePOLICE OFFICER INTERNAL AFFAIRS RECORDS DISCOVERABLE FOR CRIMINAL DEFENSE
State v. Andre Higgs Appellate Docket No.: A-28-21 Decided March 30, 2023 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent opinion, the Supreme Court of New Jersey has not made internal affairs records for police officers discoverable for criminal defendants in certain circumstances. In State v. Higgs, Defendant and May had been involved…
Read MoreMotion To Suppress a Statement Made to Police While Suffering Serious Wounds and Being Under the Influence of Medication
State of New Jersey v. Rollie Ellis Docket No. A-3606-19 Decided January 18, 2023 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal of the denial of her motion to suppress a statement she made to police about stabbing the victims. In April…
Read MorePetty Disorderly Persons Simple Assault Rather Than Disorderly Persons Simple Assault
State of New Jersey v. Adrian Birch Docket No. A-1429-21 Decided January 4, 2023 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal of his conviction for simple assault against his then-wife. In June 2019, after 48 years of marriage, the defendant wanted…
Read MoreState of New Jersey v. Christopher Tolbert and Suppressing Evidence Seized as the Result of a Warrantless Search
State of New Jersey v. Christopher Tolbert Docket No. A-1099-21 Decided December 12, 2022 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 suppress evidence seized as the result of a warrantless search and his sentence.…
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