Posts Tagged ‘New Jersey Criminal Law’
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…
Read MoreState v. Thorpe: Standard of Review by Appellate Court of Trial Court’s Determination
Appellate review of trial court determination Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. 14-2-8702 State v. Thorpe , App. Div. (per curiam) (11 pp.) This is an important case addressing the need by the police to independently verify information received from an anonymous caller to establish their own probable cause for the search, arrest and eventual charging of a criminal…
Read MoreState vs. Witt — Blog #4 Issue Failure to Dim Headlights as Probable Cause
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. THE KEY TO THIS ARGUMENT: THE DEFENDANT FAILED TO RAISE THIS ISSUE AT THE TRIAL LEVEL VIA A MOTION TO SUPPRESS THEREFORE THE APPELLATE COURT SHOULD NOT HAVE REVIEWED THE ISSUE:NEVERTHELESS, IMPLICIT IN THE ARGUMENT IS A HUGE INEFFECTIVE ASSISTANCE ARGUMENT! THE COURT OUTLINED THE FACTS PERTAINING…
Read MoreState vs. Scaltrito: Issue — Ineffective Assistance of Counsel at a Plea Hearing.
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. This is a case addressing a defendant’s claim that a) his attorney did not properly represent him during a criminal proceeding and subsequent plea. Specifically the defendant argued to the court his defense attorney told him he would get into ISP (Intensive Supervised Parole within 14-18 months after…
Read MoreThe Most Important Blog You’ll Read if You Drive In New Jersey
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. This is the third blog in a series of blogs about the recent N.J. Supreme Court decision in State v. Witt—one of the most controversial cases in recent memory. The last two blogs discussed the facts of the case, and the history of case law in New…
Read MoreState v. Witt Part II: The Confusion of Exigency
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. A previous blog presented the facts of State v. Witt and explained that up until now Pena-Flores was the governing case in New Jersey when it came to warrantless vehicle searches. Under that case a police officer must meet three requirements to search a vehicle without a…
Read MoreNew Jersey Criminal Law: State v. DeLoach
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. CRIMINAL LAW 14-2-7499 State v. DeLoach, App. Div. (per curiam) (20 pp.) Issue: Facts presented to the court at a Motion to Suppress: What is the court allowed to rely upon and base its decisions. Key Issue: The court must make finds of fact and conclusions of credibility…
Read MoreState vs. Shannon: Supreme Court 3-3 Stalemate Means No “Good Faith Exception” to the Exclusionary Rule
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. The 3-3 split in State v. Shannon on Aug. 19 means an Appellate Division ruling that evidence seized after an arrest based on an invalid arrest warrant must be suppressed is affirmed. Justice LaVecchia stated specifically opposing the Attorney General’s position in their brief, “We decline to carve out…
Read MoreA Chance at a Second Chance: DNA Testing May Expand
Written by New Jersey Criminal Lawyer, Jeffrey Hark. A new bill passed in the N.J. legislature concerning DNA and criminal defendants. In the past, a defendant had to be incarcerated in order to request possible innocence-proving DNA testing, but now that could change if Governor Chris Christie approves the bill. If the bill became law…
Read MoreDropped 9-1-1 Call Not An Emergency By Itself But May Support Application of Emergency Aid Doctrine to Police entry of Home
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. This blog has discussed exceptions to Fourth Amendment protections on numerous occasions, and the discussion often circles back to exigency. Exigent circumstances sometimes provide a legitimate basis for police to intrude, and at other times unfortunately are used as an excuse to circumvent your rights. It all…
Read More