YOUR CELL PHONE PASSCODE IS NOT PROTECTED BY 5TH AMENDMENT SELF INCRIMINATION III

State of New Jersey v. S.M.C. and Y.A.K. Appellate Docket No.: A-3765-20 Decided September 11, 2020 Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark In a recent unpublished decision, the Appellate Division reviewed whether the requirement of a defendant to turnover his passcode to his cell phone constituted a violation of the 5th Amendment right…

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E.S. v. Brunswick Investment Limited Partnership, et al.

E.S. v. Brunswick Investment Limited Partnership, et al. Docket No.: A-3372-18 Decided August 27, 2021 Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark In a recent published decision, the Appellate Division reviewed whether building owner could be held vicariously liable for a property manager who sexually assaulted a tenant. In E.S., from approximately March 1,…

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Cofield Test: Four-Part Test for Extrinsic Evidence Being Introduced

State v. Palao Appellate Docket No.: A-4422-16T4 Decided October 27, 2020 Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark. In a recent unpublished opinion, the New Jersey Appellate Division reviewed whether the trial court appropriately allowed defendant’s prior bad acts to be admitted in a case of sexual abuse against minors. In State v. Palao,…

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Joinder of Trials Should Not Override a Defendant’s Right to a Fair Trial

State v. Palao Appellate Docket No.: A-4422-16T4 Decided October 27, 2020 Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark. In a recent unpublished opinion, the New Jersey Appellate Division reviewed whether the trial court appropriately denied defendant’s request to sever separate counts of an indictment for a defendant that was accused of molesting three…

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Can Insufficient Scientific Evidence of Child Sexual Abuse Accommodation Syndrome (CSAAS) Overturn Convictions Retroactively?

State v. G.E.P. Appellate Docket No.: A-4-19 Decided August 5, 2020 Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark. In a recent New Jersey Supreme Court decision, the Court reviewed whether scientific evidence of Child Sexual Abuse Accommodation Syndrome (CSAAS) presented for the conviction of those accused of sex crimes against children which was…

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Magnolia Man Charged with Possession of Child Pornography – May 31, 2019

Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark. Mark Girondi, 46, of Magnolia, was charged with Possession of Child Pornography according to Camden County Prosecutor Mary Eva Colalillo and Magnolia Police Chief Robert Stetser. On May 31, 2019, detectives from the High-Tech Crimes Unit (HTCU) of the Camden County Prosecutor’s Office and Members of Homeland Security…

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What can a sexual assault nurse say to a jury regarding a rape exam report?

State v. JSC. New Jersey Appellate Division unreported decision decided February 27, 2019. Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark In this Camden city, Camden county New Jersey decision the defendant was charged with two different aggravated sexual assaults with his ex girlfriend in his family’s home Who is also residing in the…

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Can Mom’s Statement to Medical doctor in emergency room be admitted as evidence in a criminal trial against third party? Rule of Evidence 804

Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark. This is a law division evidence decision made by Superior Court judge sitting in Camden County arising out of an out of court hearsay statement made by a sex assault victim’s mother to a E.R. physician at Cooper Hospital in Camden, NJ.  The reasoning behind the admissibility of…

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State Of New Jersey v Gustavo A Cifuentes | Post-Conviction Relief

State Of New Jersey v. Gustavo A. Cifuentes, a/k/a Adolfo Gustavo and Holguin Sardi Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark On the night of November 27, 2010, defendant Cifuentes , after consuming four Long Island iced teas and seven beers, went into a women’s apartment and allegedly raped her. The police were…

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