Posts Tagged ‘New Jersey Criminal Law’
Police Officer’s Testimony of Surveillance Footage Was “Best Evidence” When the Surveillance Footage Could Not Be Produced for Trial
State v. Bayoumi Appellate Docket No.: A-163-20 Decided June 1, 2021 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Division of New Jersey reviewed whether a police officer’s testimony of surveillance footage identifying defendant was appropriate “best evidence” when the surveillance footage could not be produced for trial. In…
Read MoreCase Brief: State v. Kanem Williamson (A-65-19)(083979)
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Parties: Plaintiff: State of New Jersey Defendant: Kanem Williamson Proc. Hist.: Trial Court allowed the admission of hearsay evidence under the “dying declaration” exception. Appellate Division affirmed; Supreme Court granted review. Facts: In the spring of 2014, A.B. was shot multiple times and found in a pool of…
Read MoreSelf-Defense And the Use of Deadly Force Has Very Specific Requirements
State v. Sanders Docket No. A-1965-18 Decided May 13, 2021 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In a published decision, the Appellate Division of New Jersey reviewed whether defendant self defense was a defense to endangering after defendant stabbed a store clerk and fled without calling emergency services. In State v. Sanders, just before…
Read MoreUnderstanding the Different Requirements Officers Need at Various Levels of Searches
State v. Kee Decided April 26, 2021 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In an unpublished decision, the Appellate Division of New Jersey reviewed whether defendant was properly questioned and a witness was properly detained after a motor vehicle stop led to an investigation of a shooting, implicating the defendant. In State v. Kee,…
Read MoreIN THE MATTER OF THE APPEAL OF DENIAL OF A FIREARMS PURCHASER IDENTIFICATION CARD AND PERMIT TO PURCHASE HANDGUNS FOR C.P.
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In an unpublished decision, the Appellate Division of New Jersey reviewed a denial of a firearms purchaser identification card (FPIC) and permit to purchase handguns (PPH) to a retired police officer. In C.P., On September 7, 2011, [C.P., then] a Lieutenant for the Old Bridge Police Department, arrived…
Read MoreFor A Protective Sweep, Officers Need A Reasonable and Articulable Suspicion of a Crime Being Committed or That There May Be Danger in The Area
State v. Williams 461 N.J. Super. 80 (2019) Decided August 29, 2019 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In a published decision, the Appellate Division of New Jersey reviewed whether a warrantless search resulting in the seizure of cocaine was valid after police were given permission to enter the home and they conducted a…
Read MoreIn Order for Search and Seizure, Officers Need Probable Cause Through A Warrant or Circumstances That Would Ordinarily Permit Officers to Get A Warrant
State v. Weaver Appellate Docket No.: A-4582-18 Decided April 6, 2021 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Division of New Jersey reviewed a police search of a home that lead to finding firearms under a mattress without a warrant and in search of the defendant who…
Read MoreProsecutor Misconduct During A Trial Can Deny A Defendant A Right to A Fair Trial – Make Sure Your Attorney Recognizes It!
State v. Garcia Docket No.: A-47-19 Decided March 10, 2021 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In a opinion, the Supreme Court of New Jersey reviewed whether a under the plain error doctrine, defendant was denied a fair trial when a video depicting defendant’s family members speaking with police was excluded from evidence and,…
Read MoreCourt Eyes Restart of New Jersey In-Person Jury Trials: What Lawyers Need to Know | New Jersey Law Journal
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Originally published here by the New Jersey Law Journal.
Read MoreUnderstanding the Different Levels of Information Officers Need When Investigating to Be Able to Properly Make an Arrest and Charge Someone with a Crime
State v. Williams Appellate Docket No.: A-3746-18 Decided February 16, 2021 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Division of New Jersey reviewed whether a warrantless search was appropriate recovering cocaine from a trunk after officers continued to smell raw marijuana emanating from the vehicle despite already finding…
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