Police Testimony Identifying Defendant in Video Ruled Improper

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark This is a further affirmation by the Appellate Division that limits the police from using out of court identifications and hearsay information/testimony to bring evidence before a jury in a prejudicial manner.  In this case, State of New Jersey vs. Cooper, the appellate division disapproved of the…

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They Told Someone—Hearsay Exceptions and Fresh Complaint Doctrine

Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark This blog is a continuation of the discussion of State v. Cawley, a case concerning a gruesome rape of a young woman. In the last blog we discussed briefly the nuances between your 5th and 6th Amendment rights to counsel, and touched on the inevitable discovery…

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When 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…

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