Archive for July 2014
Resentencing After Prior Conviction
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark 14-2-4712 State v. Brown , App. Div. (per curiam) (25 pp.) Defendant appeals his convictions of second-degree aggravated assault, third-degree aggravated assault, and unlawful possession of a knife arising out of an altercation outside a fraternity house at Rutgers University. Prior Conviction Supporting Aggravating Sentencing Factors The…
Read MoreVioloation of Probation and Jail Credits
Submitted by New Jersey Criminal Defense Lawyer, Jeffrey Hark 14-2-4736 State v. Bell , App. Div. (per curiam) (11 pp.) Defendant appeals from the Law Division’s four-year sentence imposed following his guilty plea for violation of probation. He seeks additional jail credits corresponding to the period of custody from his arrest on new charges to…
Read MorePersonal Injury Case from Wheelchair Accident – Ramirez v. Matawan Borough
Submitted by personal injury attorney, Jeffrey Hark. 36-2-4735 Ramirez v. Matawan Borough, App. Div. (per curiam) (7 pp.) Plaintiff Natasha Ramirez, an incapacitated person, through her guardian Chiara Zannino, appeals the Law Division order denying her motion for leave to file a late notice of claim pursuant to the New Jersey Tort Claims Act (TCA)…
Read MoreLatest New Jersey ruling on US Supreme Court’s McNeeley Ruling: STATE VS. JONES
Submitted by New Jersey DWI Attorney, Jeffrey Hark A New Jersey appeals court has upended a trial judge’s suppression of blood evidence taken from a woman who caused an accident after getting behind the wheel with a blood-alcohol level of more than four times the legal limit. The Appellate Division thwarted the defendant’s efforts to…
Read MoreEmergency Circumstacnes: Exigency in State v. Eckel,
Submitted by New Jersey DWI Lawyer, Jeffrey Hark Our court has outlined exigency in See State v. Eckel, 185 N.J. 523. Exigency has been defined as circumstances which provide the officer with the heightened concern for his safety or the destruction of evidence. Id. at 534. The U.S Supreme Court’s 2013 decision in Missouri v.…
Read MoreTime Matters: Determining When Questioning Becomes Arrest In Roadside Stops
Detention and Miranda Rights Submitted by New Jersey Criminal Lawyer, Jeffrey Hark This blog deals with issues of what constitutes a detention in which your Miranda rights must be read. The case is an appeal of the denial of a defendant’s motion to suppress evidence in State v. Hamb, decided July 25, 2014 by the…
Read More14 New Jersey men face child porn charges
Originally posted here. TRENTON, N.J. (AP) — Two school bus drivers are among 14 men arrested in New Jersey in a child pornography sweep. Authorities say 28-year-old Andrew Schreiner of Williamstown and 28-year-old Armando Nortez of Egg Harbor Township drove students in Mays Landing. Federal and state authorities say the men and other suspects used…
Read MoreLay and Expert Testimony When Deciding Damages
Submitted by New Jersey Personal Injury Attorney, Jeffrey Hark This blog discusses Ghee v. Marten Transport Ltd., decided by the United States Court of Appeals for The Third Circuit and filed on June 25, 2014. It was an appeal of the denial of a motion seeking either a new trial or a remittitur. A remittitur…
Read MoreAppellate Review in Workers’ Comp – United Airlines
Submitted by Workers Compensation attorney, Jeffrey Hark This blog discusses an appeal by United Airlines of a final judgment of the Division of Workers’ compensation, Huesser v. United Airlines, decided July 14, 2014. The petitioner-respondent was an employee who after seven years as a flight attendant, injured her left shoulder and lower back when her…
Read MoreThe Importance of Asking All the Questions During Jury Selection
Submitted by This blog discusses Erga v. Chalmers, an appeal where plaintiffs sought a reversal of a no cause verdict and remand for a new trial. The remand for a new trial occurred because the trial court judge failed to ask Question Six of the Administrative Office of the Courts Directive #4-07. This Directive outlines…
Read More