Posts Tagged ‘inadmissable evidence’
Can My DNA be Taken in Jail While I Await Trial?
14-2-2814 State v. Gathers, N.J. Super. App. Div. (Fisher, P.J.A.D.) (13pp) Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. A case was recently decided by New Jersey Appellate Division in which the Court ruled a buccal (mouth) swab, taken from a defendant while he awaited trial, was unreasonable. In this case, the defendant was charged with second-degree…
Read MoreCan the Jury Be Told of a Defendant’s Municipal Court Guilty Finding in a Civil Court Jury Trial Opening?
Barnes v. Flannery. November 22, 2106 Appellate Division Decision. Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Often in personal injury cases defendants who caused the crash are charged with violation of the Title 39 Motor Vehicle Code. Long before any civil personal injury trial these defendants usually go to municipal court and either have…
Read MoreThe Danger of Leaving the Door Open During Witness Examination
Posted by New Jersey Civil Law Attorney, Jeffrey Hark. Sallee v. Stagnitti, decided June 2, 2015, arose out of an incident where the plaintiff allegedly was walking on the sidewalk in the parking lot of a restaurant called The Mill at Spring Lake Heights when she was struck by Mr. Stagnitti. It should be…
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