Sex Crimes
Joinder of Trials Should Not Override a Defendant’s Right to a Fair Trial
State v. Palao Appellate Docket No.: A-4422-16T4 Decided October 27, 2020 Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark. In a recent unpublished opinion, the New Jersey Appellate Division reviewed whether the trial court appropriately denied defendant’s request to sever separate counts of an indictment for a defendant that was accused of molesting three…
Read MoreCan Evidence Contained on a Cell Phone Be Used to Convict of Sex Crimes?
State in the Interest of G.C. Appellate Docket No.: A-1615-18T1 Decided September 2, 2020 Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark. In a recent unpublished decision, the Appellate Division reviewed whether evidence contained on defendant’s cell phone used to convict him of sex crimes was properly admitted when defendant was not present at…
Read MoreCan a Juvenile Be Tried as an Adult for Various Sex Crimes Against a Minor?
State of New Jersey in the Interest of Z.S. Appellate Docket No.: A-3516-19T1 Decided August 18, 2020 Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark. In a recent published decision, the Appellate Division reviewed a waiver of a juvenile to be tried as an adult for various sex crimes against a minor. In Z.S.,…
Read MoreCan Insufficient Scientific Evidence of Child Sexual Abuse Accommodation Syndrome (CSAAS) Overturn Convictions Retroactively?
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…
Read MoreCan Scientific Evidence of Child Sexual Abuse Accommodation Syndrome (CSAAS) Overturn Convictions Retroactively
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…
Read MoreMiddle School Guidance Counselor Use of Instagram and the New Jersey Child Endangerment Statute
In this case the defendant, a senior at a private charter school in Camden city received an Instagram message From the middle school guidance counselor at the same school. The defendant filed a motion to dismiss the prosecution as being “de minimus “ as per N. J. S. A. 2C:2- 11 D and C. STATE…
Read More5th Amendment and Computer Passwords and Child Pornography
STATE OF NEW JERSEY v. ROBERT G. WHITE, (June 5, 2019) New Jersey Appellate Division (Not Approved for Publication) Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark. Issue: Defendant further argues that the trial court’s order compelling him to produce the passcodes or otherwise decrypt the external hard drives violates his right against self-incrimination under…
Read MoreEffects of Supreme Court Ruling allowing DNA samples taken from all convicted felons. What about Ancestry.com?
State v. Roach New Jersey Appellate Division May 8, 2019 (Not Approved for Publication) Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark. Summary: All 50 states and the federal government have laws that have been held to be constitutionally acceptable allowing law enforcement to take a DNA sample (modern fingerprint) from a defendant at…
Read MoreIn the Matter of the Civil Commitment of R.A. , N.J. Super. App. Div.
In the Matter of the Civil Commitment of R.A. , N.J. Super. App. Div. (April 25, 2019) Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark. The court’s standard applies when the State seeks to recommit a person who was given a conditional discharge. In re Civil Commitment of E.D., 183 N.J. 536, 551 (2005). In…
Read MoreWhat can a sexual assault nurse say to a jury regarding a rape exam report?
State v. JSC. New Jersey Appellate Division unreported decision decided February 27, 2019. Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark In this Camden city, Camden county New Jersey decision the defendant was charged with two different aggravated sexual assaults with his ex girlfriend in his family’s home Who is also residing in the…
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