Plain view of a gun found in a car — What is “plain view”?

STATE OF NEW JERSEY v. LEE M. TRAVERS,  Decided January 2, 2019 New Jersey Appellate Divsion Issue in this case to be addressed:  Plain view of a gun found in a car—— What is “plain view”? FACTS:   The facts here are key— because the police were called to the Toms River Ocean County scene and were told about the…

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What is the right at the scene of the motor vehicle stop – after arresting and handcuffing defendant – to ask him to consent to a search of his residence ??

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In light of our remand on these grounds, we further request the motion judge to reexamine whether the police had the right at the scene of the motor vehicle stop – after arresting and handcuffing defendant – to ask him to consent to a search of his residence…

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Application of D.B. For A Firearms Purchaser Identification Card and Permit to Purchase a Handgun

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0053-17T3 IN THE MATTER OF THE APPLICATION OF D.B. FOR A FIREARMS PURCHASER IDENTIFICATION CARD AND PERMIT TO PURCHASE A HANDGUN. ___________________________ Submitted December 10, 2018 – Decided Before Judges Haas and Sumners. On appeal from Superior Court of New Jersey, Law Division, Passaic County, Municipal…

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State v. GARY J. PASSARELLI. New Jersey Appellate Division December 17, 2018 How do I tell the police I want a Lawyer in New Jersey once I am arrested

State v. GARY J. PASSARELLI. Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Facts: At approximately 4:00 p.m. on May 31, 2013, defendant was taken to the North Plainfield Police Department. He was questioned by Sergeant Michael Nugent and Detective Aaron Lacey from the Hunterdon County Prosecutor’s Office in an interview room that was video and…

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State v. WInt NJ Supreme Court Decision Miranda is still alive in NJ

State v. Laurie Wint (A-28/29-17)(079660) Argued September 26, 2018 — Decided December 12, 2018 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Issue: Did Pennsylvania detectives violated Edwards v. Arizona, 451 U.S. 477 (1981), by attempting to question defendant Laurie Wint in Camden and later questioning him in Pennsylvania after he earlier requested counsel. The Court…

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Kelly v. Gwinnell–“The New Jersey (Minority) Rule for Social Host Liability”

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. 96 N.J. 5382 476 A.2d 12193   Marie E. KELLY, Plaintiff-Appellant, v. Donald C. GWINNELL and Paragon Corp., Defendants-Appellants, and Joseph J. Zak and Catherine Zak, Defendants-Respondents. 4 Supreme Court of New Jersey.5 Argued Feb. 21, 1984. Decided June 27, 1984.6 [476 A.2d 1220] [96 N.J. 540] Nicholas G.…

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PCR Motion and the Need for a hearing with testimony.

I want to file a post conviction relief motion after trial because I do not believe my attorney represented me as well as he should have. No, in this particular case the court does not have to conduct a hearing if the petitioner, the defendant, is not able to make a prima facia showing that it can satisfy…

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