by Fred Sisto | Jul 3, 2025 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The Appellate Division continued in relevant part: Based on the opinion’s clear directive, we are reticent to conclude that the Erlinger majority meant for the constitutional rights recognized in Apprendi and its progeny to be treated essentially as a...
by Fred Sisto | Jun 26, 2025 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
On November 27, 2024, a three-judge appellate panel decided the Atlantic County case of State v. Jamel Carlton. The principal issue under N.J.S.A. 2C:44-3 concerned to application of New Jersey’s persistent offender sentencing statue in light of the U.S. Supreme...
by Fred Sisto | Jun 19, 2025 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
On December 20, 2024, a three-judge appellate panel decided the Essex County case of State v. Jeremy Arrington. The principal issue under N.J.S.A. 2C:4-1 concerned whether a defendant could testify to their alleged insanity without accompanying expert testimony....
by Fred Sisto | Jun 12, 2025 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The Appellate Division continued in relevant part: Defendant attempts to distinguish Cuccurullo because it was “in the context of applying motor vehicle penalties” rather than criminal penalties under N.J.S.A. 2C:40-26. This distinction is immaterial in...
by Fred Sisto | Jun 5, 2025 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The Appellate Division continued in relevant part: In the context of applying the enhanced penalties under N.J.S.A. 39:3-40 for driving while suspended for DWI, we previously determined in Cuccurullo that a defendant is “‘under suspension’ from the...
