Posts Tagged ‘admissability’
Public Defendants and Statute of Limitations
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In Ramey v. Demaio, decided August 25 by the Appellate Division, the plaintiff appealed a dismissal of her complaint against Mr. Demaio, acting director of the Newark Police Dept. Ramey’s daughter was murdered in 2011, and Ramey filed a complaint almost two year later in 2013 alleging…
Read MoreRule 404(b) Unable to Introduce Evidence of a Crime when Defendant Deemed Not Guilty
State vs. J.M. – submitted by New Jersey Criminal Lawyer, Jeffrey Hark In this case the Appellate Division ruled that Rule 404(b), evidence of other crimes, does not allow the the State to introduce evidence to a jury of a crime which a defendant has been found not guilty. In this very lengthy and detailed opinion the…
Read MoreWhen Is Hearsay Relevant?
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In State v. Scharf, decided August 11, 2014, the defendant appealed his conviction of first-degree purposeful and knowing murder of his wife. The appeal is based on a claim that the judge erred in admitting hearsay statements made by his late wife’s counselor and friends and that…
Read MoreReview of State vs R.P. | Confessions Must Be Voluntary to be Admissable
Review of State vs. R.P. by New Jersey Criminal Attorney, Jeffrey Hark The subject matter at issue in the knowing and voluntariness of a defendant’s video and audio statement that is being offered at the time of trial. In every case the court MUST conduct a Rule 104 hearing to determine if, at the time…
Read More