New Jersey Criminal Law
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…
Read MoreNJ 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Docket No. A-2836-21 Decided October 27, 2023 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from an order denying his motion to suppress evidence from a warrantless search of a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.…
Read MoreDefendant’s Guilty Plea Withdrawal Denied – State v. Carlo Amato
State of New Jersey v. Carlo Amato Docket No. A-2788-21 Decided October 10, 2023 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from an order denying his motion to withdraw his guilty plea. In October 2017, defendant was indicted on charges of…
Read MoreSeverance Ruling in NJ vs. Grimsley & Malik – August 28, 2023
State of New Jersey v. Dandel Grimsley & Mateen Malik Docket No. A-2699-22 Decided August 28, 2023 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent published opinion, the Appellate Court of New Jersey decided the State’s appeal from an order granting defendants’ motion for severance of their scheduled joint trial. In this case,…
Read MoreNJ Appellate Court Upholds Suppression in Wiretap Case
State of New Jersey v. Dennis Gargano, Jr. & Clarence Grant Docket No. A-1230-22 Decided August 28, 2023 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent published opinion, the Appellate Court of New Jersey was tasked with determining whether the trial court correctly determined the State’s interception of privileged marital communications between codefendant…
Read MoreAppellate Court Affirms Probable Cause in Arrest Case
State of New Jersey v. Travis Murphy Docket No. A-2657-21 Decided August 22, 2023 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from an August 2021 order denying his motion to suppress evidence seized following his arrest. In late April of 2020,…
Read MoreSupreme Court of New Jersey Rules on In-Person Interpreting in Criminal Jury Trials
State of New Jersey v. Oscar Juracan-Juracan Docket No. A-32-22 Decided August 15, 2023 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In a recent published opinion, the Supreme Court of New Jersey was tasked with determining a question of first impression, whether a criminal defendant must be provided in-person interpreting services, rather than video remote…
Read MoreAppellate Court Affirms Convictions and Sentence: State v. John Rivera
State of New Jersey v. John Rivera Docket No. A-3223-20 Decided August 14, 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 his convictions for vehicular homicide, assault by auto, and DWI. In the alternative, defendant contends his sentence was excessive.…
Read MoreNJ Supreme Court: Flawed Evidence & Identification in State v. Burney (A-24-22, Aug 2, 2023)
State of New Jersey v. Roberson Burney Docket No. A-24-22 Decided August 2, 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 it was cumulative error for the trial court to admit two pieces of evidence: expert testimony that defendant’s…
Read MoreNJ Appellate Court Reverses Decision: Unlawful Search & Suppression of Evidence | Hark & Hark Attorneys
State of New Jersey v. Shadi Allie Docket No. A-0082-22 Decided July 26, 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 interlocutory order denying her motion to suppress evidence seized during a warrantless search of the van in which…
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