State v. Andrews Appellate Docket No.: A-72-18 Decided August 10, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent New Jersey Supreme Court decision, the Court reviewed whether the requirement of a defendant to turnover his passcode to his iphone constituted a violation of the 5th Amendment right against self-incrimination. In State…
State v. G.E.P. Appellate Docket No.: A-4-19 Decided August 5, 2020 Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark. In a recent New Jersey Supreme Court decision, the Court reviewed whether scientific evidence of Child Sexual Abuse Accommodation Syndrome (CSAAS) presented for the conviction of those accused of sex crimes against children which was…
Coney v. Banks Docket No. A-1561-18T3 Decided August 4, 2020 Submitted by New Jersey Family Law Firm, Hark and Hark. In a recent unpublished decision the Appellate Division reviewed a trial judge decision denying defendant’s motion to end his college contribution requirement for failure of plaintiff to supply the financial documentation, and required him to…
State v. Juan E. Cruz-Pena Appellate Docket No.: A-3-19 Decided August 4, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In a recent New Jersey Supreme Court decision, the Court reviewed whether there was a kidnapping under the statute while a sex assault occurred. In State v. Cruz-Pena, defendant was charged in a multi-count indictment…
State v. Hedgespeth Appellate Docket No.: A-0850-18T3 Decided August 3, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In a recent decision approved for publication, the Appellate Division reviewed whether there was a kidnapping under the statute while a sex assault occurred. In State v. Hedgespeth, defendant was convicted of third-degree possession of a controlled…
Memorandum ISSUE: How does the court appoint a family member or guardian over another family member who is handicapped or incompetent? LAW: If the court finds that a person is incapacitated, the court must then independently determine whom to appoint as guardian. In making this determination, the court should consider the recommendations of the court-appointed…
State v. Terres: Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Police were seeking to arrest a man named Fuller on a warrant and received information he was staying at a trailer park, possibly with defendant. State police informed officers defendant had been arrested and told officers that defendant said Fuller was at the trailer…
State v. Hreha Appellate Docket No.: A-2744-19T3 Decided July 21, 2020 Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark In a recent unpublished decision, the Appellate Division overturned a trial court’s suppression of evidence recovered from an overdose victim’s cellphone which included text message from defendant implicating him in a drug deal that led…
State v. Davis Appellate Docket No.: A-2784-18T3 Decided July 21, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished decision, the Appellate Division reviewed whether there was ineffective counsel for a law student, representing a defendant under the Court rules, was also court appointed to represent a codefendant for the same…
State v. McCray: Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In consolidated cases, defendants appealed from the judgments of the appellate division reversing the orders of the trial court in defendants’ cases. In April 2017, defendant McCray was arrested and charged with second-degree robbery. A week later, the trial court released McCray subject to…