Archive for September 2014
Different Record Same Evidence: When Pretrial Motion Records Can Be Incorporated
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark State v. Bruno Gibson, decided September 16, 2014 by the Supreme Court of New Jersey lays out the difference between evidence presented at a motion to suppress hearing and evidence at trial as well as when to acquit a defendant versus when to remand them for a…
Read MoreNet Opinions Are Not A Smoking Gun
Submitted by New Jersey Civil Case Lawyer, Jeffrey Hark Expert Witness to Determine Cause of Fire In New Jersey there is a net opinion rule that prevents overly general expert opinions that are not supported by factual evidence from being admitted. In other words experts must provide factual backing for the conclusions they draw. In…
Read MoreCommunication Data as Evidence: Discovering The Tweeter Behind the Tweet
Submitted by internet sex crime lawyer, Jeffrey Hark Internet Sex Crimes and Technology State v. Brown, decided September 11, is an interlocutory appeal by the State from the grant of the defendant’s motion in limine that required the State to produce an expert to explain internet service provider and cell phone records. The State wanted…
Read MoreJust A Chat With The Police | Investigatory Stops
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Sometimes It Just Makes Sense to Talk to the Police State v. Merrit was decided in the Superior Court of New Jersey Appellate Division on September 10th. The defendant was charged with third-degree conspiracy to possess crack cocaine. His motion to suppress evidence was denied by the…
Read MoreVideos Required In New Jersey on all New Police Patrol Vehicles
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark A law requiring all new municipal police patrol vehicles be equipped with video cameras was signed into law on Wednesday, Assemblyman Paul Moriarty (D-4 of Washington Township) said. Moriarty, who sponsored the bill after an in-car camera captured his 2012 DWI arrest and provided evidence that lead to a dismissal…
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