Archive for January 2014
Consent to Search a Home without Exclusive Access and Control of Property
NEW JERSEY CRIMINAL LAW 14-2-2622 State v. Cushing, App. Div. (per curiam) (26 pp.) There are two key issues in this case. The first is the ability of an owner of a property (or their ‘attorney in fact’ agent) to give consent to the police to search a home which they do NOT have exclusive access and…
Read MoreState of New Jersey vs Michael Cushing | Consent and Warrantless Search
Download the PDF here or visit the New Jersey Courts website RECORD IMPOUNDED NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0856-12T1 STATE OF NEW JERSEY, Plaintiff-Respondent, v. MICHAEL CUSHING, Defendant-Appellant. ____________________________________________________ Argued October 8, 2013 – Decided Before Judges Messano, Hayden and Rothstadt.…
Read MoreNursing Home Accidents and the Importance of Expert Witness Testimony
22-2-2532 Estate Of Frankie L. Garner v. Senior Care Centers Of America, Inc.,App. Div. (per curiam) (4 pp.) Defendant Senior Care Centers of America, Inc. operates an adult care facility. Garner, who was then eighty-four years old, was being cared for in the facility when she stood up and then abruptly sat back down, either…
Read MoreReview of State vs R.P. | Confessions Must Be Voluntary to be Admissable
Review of State vs. R.P. by New Jersey Criminal Attorney, Jeffrey Hark The subject matter at issue in the knowing and voluntariness of a defendant’s video and audio statement that is being offered at the time of trial. In every case the court MUST conduct a Rule 104 hearing to determine if, at the time…
Read MoreState of New Jersey vs. R.P. – Fourth-degree Criminal Sexual Contact
RECORD IMPOUNDED NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-5394-10T4 STATE OF NEW JERSEY, Plaintiff-Respondent, v. R.P., Defendant-Appellant. _________________________________________________ Submitted September 10, 2013 – Decided Before Judges Sabatino and Hayden. On appeal from Superior Court of New Jersey, Law Division, Bergen County, Indictment…
Read MoreState v. Gibson – Warrantless Search for Trespassing
4-1-2449 State v. Gibson, Sup. Ct. (Albin, J.) Written and Published by New Jersey Criminal Defense Lawyer, Jeffrey Hark of Hark and Hark This case addresses the significant issue of a police arrest and search for a person walking down the street, late at night, in a high crime area, when the police drive by…
Read MorePaulsboro CSX Train Crash | Derailment Cases: Lord v. Consolidated Rail Corporation
36-7-2472 In re Paulsboro Derailment Cases, Lord v. Consolidated Rail Corporation, Dist. Ct. (Kugler, U.S.D.J.) (7 pp.) This case arises out of the November 30, 2012, derailment of a freight train and subsequent chemical spill in Paulsboro, New Jersey. Plaintiffs are adults and minors who allege that they suffered physical injuries as a result of…
Read MoreDWI Legislation Would Replace Drunken Driving Suspensions with Ignition Locks
RECORD FILE PHOTO Hasbrouck Heights police conducting a sobriety check in 2002. Penalties for DWI could be changed this year. Most convicted drunken drivers in New Jersey could avoid mandatory license suspensions under a new bill making its way through the Legislature — a proposal that constitutes a major shift in how the state deals…
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