There Are Specific Evidentiary Rules as It Relates to Sex Abuse Cases, Especially Those Involving Children

State v. D.H.P.-D. Appellate Docket No.: A-0791-19 Decided July 22, 2022 Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark In a recent unpublished decision, the Appellate Division of New Jersey upheld several evidentiary rulings after defendant was convicted of sexual abuse of his niece, including barring a prior statement a previous Division of Child Protection…

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Reversed: Denial of Defendant’s Motion to Sever Sexual Abuse Allegation Trial

State v. Karl Smith Appellate Docket No.: A-5557-17 Decided April 19, 2022 Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark In a recent published decision, the Appellate Division reversed the denial of defendant’s motion to sever trials, pertaining to sexual abuse allegations against his daughter and defendant’s girlfriend’s daughter on separate occasions. In State v.…

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YOUR CELL PHONE PASSCODE IS NOT PROTECTED BY 5TH AMENDMENT SELF INCRIMINATION III

State of New Jersey v. S.M.C. and Y.A.K. Appellate Docket No.: A-3765-20 Decided September 11, 2020 Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark In a recent unpublished decision, the Appellate Division reviewed whether the requirement of a defendant to turnover his passcode to his cell phone constituted a violation of the 5th Amendment right…

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Review Of a Tier II Classification Under Megan’s Law and Whether Individual Was Required to Be Included on the Sex Offender Internet Registry.

In the Matter of Registrant B.B. Appellate Docket No.: A-1496-20 Decided March 22, 2022 Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark In a recent published opinion, the Appellate Division of New Jersey reviewed a tier II classification under Megan’s Law and whether B.B. was required to be included on the Sex Offender Internet Registry.…

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AFTER 105 YEARS, LAW WITNESSES CAN NOW TESTIFY AS TO APPROXIMATE AGE OF CHILDREN

State v. Gerena Appellate Docket No.: A-3655-18T2 Decided January 5, 2021 Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark In a published opinion, the Appellate Division of New Jersey ruled that lay witnesses, under the right circumstances, can testify as to the approximate age of children, overturning a Supreme Court ruling from 1916. In…

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Cofield Test: Four-Part Test for Extrinsic Evidence Being Introduced

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 allowed defendant’s prior bad acts to be admitted in a case of sexual abuse against minors. In State v. Palao,…

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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…

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Can 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…

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