Archive for August 2013
Selecting Expert Witnesses
TORTS 36-2-1092 Walker v. Torres, App. Div. (per curiam) (14 pp.) After a jury verdict of a no cause of action in this auto negligence case in which plaintiff settled with the tortfeasor and then proceeded against her under-insured motorist carrier, plaintiff appeals from two evidentiary rulings made by the trial judge, contending the judge…
Read MoreHeightened Attention from Police – State v. Moss, A-1080-11T2 (App. Div.)
State v. Moss, A-1080-11T2 (App. Div.) On March 21, 2013, the Appellate Division affirmed the denial of the defendant’s suppression motion. On May 9, 2009, police were traveling in an unmarked car in an area of high crime and narcotic activity. The officers were wearing the modified uniform consisting of jeans, a t-shirt with police…
Read MoreWarrantless Seizure and Reversed Conviction – State v. Williams A-2486-11T2 (App. Div)
State v. Williams A-2486-11T2 (App. Div) On April 3, 2013, the Appellate Division reversed the conviction of the defendant, Jarrell Williams for second-degree unlawful possession of a weapon, contrary to N.J.S.A. 2C:39-5b. Defendant was charged with possession of a handgun after police performed a motor vehicle stop and found the handgun on the floor of…
Read MoreImproper Ex-Parte Conduct Results in a Reversal – State v. Shaffona Morgan (A-119-11)
State v. Shaffona Morgan (A-119-11) On August 8, 2013 the New Jersey Supreme Court affirmed the conviction of Shaffona Morgon for second-degree aggravated assault, fourth-degree aggravated assault and possession of a handgun for an unlawful purpose. On November 24, 2005, the defendant had an altercation with deli store owners after she purchased a Boost Mobile…
Read MorePolice Need Warrant For Cell Phone Data – State v. Thomas W. Earls (A-53-11) NJ Supreme Court
State v. Thomas W. Earls (A-53-11) NJ Supreme Court On July 18, 2013 the New Jersey Supreme Court reversed the conviction of Thomas W. Earls because police needed a warrant to obtain his location via his cell phone. On January 26, 2006, the police filed a complaint against the defendant for receiving stolen property and…
Read MoreRejection of Fifth Amendment Claim – Genoveno Salinas v. Texas, (No. 12-246) U.S. Supreme Court
Genoveno Salinas v. Texas, (No. 12-246) U.S. Supreme Court On June 17, 2013, the U.S. Supreme Court affirmed the judgment of the Texas Court of Criminal Appeals rejecting petitioner’s Fifth Amendment claim. On December 18, 1992 two brothers were shot and killed in their Houston home. Police recovered six shotgun casings at the scene and…
Read MoreNew Jersey Assembly Introduces a Bill Which Expands Implied Consent Statute to Include Blood And Urine Testing
A4284 – S2939 Expands Implied Consent Statute to Include Blood And Urine Testing. Originally published by TruckCrashAttorney.com On June 24, 2013 the New Jersey Assembly introduced a bill to expand the implied consent of motor vehicle operators to include blood and urine testing. The bill would amend P.L.1966, c.142 which currently on includes breath. The bill…
Read MoreOperating a Motor Vehicle Following a DWI Conviction: State v. Chauhan, A-2583-12T4
On July 16, 2013 the Appellate Division reversed an order granting defendant, Vijay Chauhan, entry into the Atlantic County Pre-Trial Intervention (PTI) Program. On November 18, 2011, the Egg Harbor Township police stopped the defendant’s vehicle after a random license plate inquiry revealed a possible hit. When the vehicle stopped, the male driver jumped into…
Read MoreA4284 – S2939 Expands Implied Consent Statute to Include Blood And Urine Testing
On June 24, 2013 the New Jersey Assembly introduced a bill to expand the implied consent of motor vehicle operators to include blood and urine testing. The bill would amend P.L.1966, c.142 which currently on includes breath. The bill is aimed at giving police more tools when a driver is suspected of driving while intoxicated.…
Read MoreRequirement to Provide Experts
August 12, 2013 Gordon v. Township of Toms River, Appellate Division A-5139-11T1 Requirement to provide experts Submitted by New Jersey criminal lawyer Jeffrey Hark August 8, 2013, the Appellate Division affirmed the trial court’s summary judgment against the plaintiff Richard Gordon. On September 27, 2009, Gordon had a few drinks that evening on the Seaside…
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