Appeal: Denial of Robert Goworek’s FPIC Application

Docket No. A-2399-21 Decided March 1, 2024 In the Matter of the Appeal of the Denial of Robert Goworek’s Application for a FPIC Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided petitioner, Robert Goworek’s appeal from a January 2022 Law Division order denying his…

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NJ Court Upholds Motor Vehicle Stop

State of New Jersey v. Michael Figueroa Docket No. A-1649-22 Decided February 1, 2024 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from an order denying his motion to suppress evidence seized during a motor vehicle stop. On February 21, 2021, while…

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NJ v. Kintaye Crawford: Upheld Denial of Motion to Suppress

State of New Jersey v. Kintaye Crawford Docket No. A-0480-22 Decided January 16, 2023 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from an order denying his motion to suppress physical evidence police seized during a warrantless pat-down of his person following…

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Identification Of a Defendant by Photo Array Cannot Occur Before Trial Unless It Is Disclosed and a Hearing on The Issue Takes Place

State v. Brandon M. Washington Appellate Docket No.: A-29-22 Decided January 8, 2024 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent opinion, the Supreme Court of New Jersey reversed a conviction of a defendant where witnesses were shown a photo array prior to trial to identify the defendant as a shooting suspect. In…

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State of NJ v. Billy Flagg: Upheld Denial of Motion to Suppress – Dec 20, 2023

State of New Jersey v. Billy Flagg Docket No. A-3682-21 Decided December 20, 2023 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from a March 2022 Law Division order denying his motion to suppress a firearm seized during a warrantless search of…

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NJ Supreme Court Rules on Miranda Warnings in Hospital

State of New Jersey v. Amandeep Tiwana Docket No. (A-36-22) (087919) Decided November 20, 2023 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent published opinion, the Supreme Court of New Jersey was tasked with determining whether an investigating detective’s self-introduction to defendant at her bedside in the hospital following a car crash initiated…

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PTI Program Appeal: State’s Discretion and Trial Judge’s Intervention

State of New Jersey v. C.G.H.  Docket No. A-2065-22 Decided November 13, 2023 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided the State’s appeal from a Law Division order admitting defendant into the Pre-Trial Intervention (“PTI”) Program over the objection of the Ocean County…

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In The Matter of The Appeal of The Denial of The Application for Firearms Purchaser Identification Card and Permits to Purchase a Handgun N.M.

Appellate Docket No.: A-2445-21 Decided November 14, 2023 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey affirmed a denial of petitioner’s Firearms Purchaser Identification Card (FPIC or FID) and handgun purchase permits (“HPP”) after petitioner was to have a prior Driving while intoxicated (DWI) conviction,…

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Daubert Standard in Criminal Appeals: DRE Testimony Admissibility and Review

Summarize Olenoswski Decision 11-15-23.pdf Submitted by New Jersey Criminal Lawyer, Jeffrey Hark The document is a syllabus summarizing the court’s opinion in State v. Michael Olenowski. It discusses the court’s consideration of whether Drug Recognition Expert (DRE) testimony is reliable and admissible under the Daubert standard, as well as the appropriate standard of review for Daubert-based…

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NJ Court Upholds Search: Emergency Aid Doctrine in Warrantless Hotel Room Entry

State of New Jersey v. Pedro Sarkis-Farahlaporte Docket No. A-2836-21 Decided October 27, 2023 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from an order denying his motion to suppress evidence from a warrantless search of a hotel room he was occupying.…

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