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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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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A Private Actor’s Role in A Criminal Search Could Be Unlawful

State v. Lapczynski Appellate Docket No.: A-1671-19 Decided March 9, 2022 Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey affirmed a denial of a motion to suppress after child pornography was found by a cohabitant, reported to the police, and after police viewing some…

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E.S. v. Brunswick Investment Limited Partnership, et al.

E.S. v. Brunswick Investment Limited Partnership, et al. Docket No.: A-3372-18 Decided August 27, 2021 Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark In a recent published decision, the Appellate Division reviewed whether building owner could be held vicariously liable for a property manager who sexually assaulted a tenant. In E.S., from approximately March 1,…

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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 In a recent unpublished decision, the Appellate Division reviewed whether evidence contained on defendant’s cell phone used to convict him of sex crimes was properly admitted when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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In 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…

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Sending Lewd Nudes to Strangers Could Mean a Year in Jail

Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark. Rebecca Odorisio was traveling home on a crowded A train on Tuesday when a photo suddenly appeared on her phone from someone identifying himself as “The Enterprise.” It was a picture of an erect penis, sent to her over AirDrop, an iPhone feature that allows users…

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