State v. McGrath | New Jersey DUI and the Ignition Interlock Device

February 25, 2014 |

14-2-2924 State v. McGrath, App. Div. (per curiam) (14 pp.) Submitted by New Jersey DWI attorney, Jeffrey Hark After a trial de novo in the Law Division, defendant appeals from his conviction for refusing to submit to a chemical breath test. Defendant argues the conviction should be reversed because the officer read the April 2004…

Emergency Aid Doctrine & Cell Phone Locations | New Jersey vs. Earls

February 9, 2014 |

State vs. Earls Download the case transcript Submitted by New Jersey Criminal Lawyer, Jeffrey Hark The significant issues in this case is the application of the New Jersey Supreme Court’s prior decision in State vs. Earls.  In that prior decision the New Jersey Supreme Court ruled that New Jersey citizens have a right to privacy…

The “Emergency Aid” Exception to the Warrant Requirement | State of New Jersey vs. Thomas W. Earls

February 9, 2014 |

Published by Criminal Defense Lawyer Jeffrey Hark Download the entire case excerpt at https://www.judiciary.state.nj.us/opinions/a2084-07.pdf July 11, 2011 NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2084-07T4 STATE OF NEW JERSEY, Plaintiff-Respondent, v. Thomas W. Earls, Defendant-Appellant. Submitted March 22, 2011 – Decided Remanded by…

Consent to Search a Home without Exclusive Access and Control of Property

January 24, 2014 |

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…

State of New Jersey vs Michael Cushing | Consent and Warrantless Search

January 24, 2014 |

Download the PDF here or visit the New Jersey Courts website RECORD IMPOUNDED NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO.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.…

Nursing Home Accidents and the Importance of Expert Witness Testimony

January 23, 2014 |

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…

Review of State vs R.P. | Confessions Must Be Voluntary to be Admissable

January 13, 2014 |

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…

State of New Jersey vs. R.P. – Fourth-degree Criminal Sexual Contact

January 10, 2014 |

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…

State v. Gibson – Warrantless Search for Trespassing

January 10, 2014 |

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…

Paulsboro CSX Train Crash | Derailment Cases: Lord v. Consolidated Rail Corporation

January 9, 2014 |

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…