Archive for November 2014
Probable Cause and the Issuance of Search Warrants | New Jersey vs Malkin
Review of State of New Jersey vs Malkin submitted by drug crime attorney, Jeffrey Hark. TRIAL JUDGE’S GRANTING OF A MOTION TO SUPPRESS A SEARCH WARRANT DUE TO INACCURATE STATEMENTS OF OFFICER IN AFFIDAVIT OVERTURNED BY APPELLATE DIVISION. COURT RULES AGAIN THAT TOTALITY OF CIRCUMSTANCES OUTLINED IN AFFIDAVIT ARE MEASURING STICK FOR PROBABLE CAUSE FOR…
Read MoreRule 404(b) Unable to Introduce Evidence of a Crime when Defendant Deemed Not Guilty
State vs. J.M. – submitted by New Jersey Criminal Lawyer, Jeffrey Hark In this case the Appellate Division ruled that Rule 404(b), evidence of other crimes, does not allow the the State to introduce evidence to a jury of a crime which a defendant has been found not guilty. In this very lengthy and detailed opinion the…
Read MorePreponderance of the Evidence Standard | Professional License Defense
Submitted by Professional License Defense Attorney, Jeffrey Hark The Legislature has also recognized the importance of a medical license and the interest of the physician in retaining his license. The regulatory statute requires, in most instances, that a physician not be found guilty of professional misconduct unless his acts are so particularly egregious as to…
Read MoreSome Limited Searches Aimed at Identification Do Not Violate Fourth Amendment Rights
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Vehicle Search After Accident to Identify Unconscious Driver State v. Sidorek decided October 7, 2014 is an appeal by the State of a motion to suppress that was granted in a vehicular homicide case. The relevant facts of the case are that an officer arrived at the…
Read MoreNew Jersey Workers Compensation – Coverage of a Work Related Injury Part II
Submitted by New Jersey Workers Compensation Lawyer, Jeffrey Hark HAROLD NAULTY v. TOWNSHIP OF PEMBERTON PUBLIC WORKS, This is an appeal of a workers compensation judge’s decision based on 16 days of trial over many testimony dates. Although the issues in this opinion have been reiterated in numerous prior opinions and in different settings I believe it is…
Read MoreWorkers Compensation | Coverage of a Work Related Injury
Submitted by Workers Compensation Lawyer, Jeffrey Hark HAROLD NAULTY v. TOWNSHIP OF PEMBERTON PUBLIC WORKS, We discern the following facts and procedural history from the record on appeal. Naulty was hired by Pemberton as a truck driver in September 2004. In addition to driving trucks, Naulty’s duties included leaf and brush collection, tree and road work, guardrail installation…
Read MoreCumberland County man sentenced to 19 years in crash that killed Millville police officer
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Originally published here. BRIDGETON — Timothy Seidel, the Laurel Lake man responsible for a crash that killed Millville Police Officer Christopher Reeves and injured another officer during a police pursuit in 2012, was sentenced to 19 years in state prison Friday at the Cumberland County Courthouse. Family, friends, law…
Read MoreHarold Naulty V. Township of Pemberton Public Works
Submitted by worker’s compensation attorney, Jeffrey Hark NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0 HAROLD NAULTY, Petitioner-Respondent, v. TOWNSHIP OF PEMBERTON PUBLIC WORKS, Respondent-Appellant. ___________________________________ September 26, 2014 Argued September 10, 2014 Decided Before Judges Waugh, Maven, and Carroll. On appeal…
Read MoreRamon Soberal V. City of Millville Department of Parks & Public Property
Burden of Proof in Tort Claims – submitted by New Jersey Civil Law Attorney, Jeffrey Hark Ramon Soberal V. City of Millville Department of Parks & Public Property The subject matter of this blog is the burden of proof against a public entity under the New Jersey Tort Claims Act (Title 59). In this case…
Read MorePretrial Intervention Program – Judicial Review of PTI Decisions
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark STATE VS. JUSTIN LEE (APP. DIV 2014) This case addresses the standard of review for a trial court when reviewing a prosecutor’s denial of PTI (Pretrial Intervention). The issue in this case are facts submitted to the trial court and a plenary hearing from witnesses regarding the…
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