by Fred Sisto | Aug 10, 2021 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
Justice Solomon continued in relevant part: Comparison of the PCR petition and new trial motion standards reveals that, although the trial court incorrectly categorized defendant’s motion as a second PCR petition, the motion must fail because defendant cannot satisfy...
by Fred Sisto | Aug 8, 2021 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The majority continued in relevant part: Rather, post-verdict discovery requests fall within the discretion of the trial court: a trial court’s inherent power to order discovery extends to post-conviction proceedings “when justice so requires,” Marshall, 148 N.J. at...
by Fred Sisto | Aug 6, 2021 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The New Jersey Supreme Court majority continued in relevant part: The Appellate Division reversed and remanded. Relying on Rule 3:13- 3(b)(1)(F) and (G) and the constitutional requirement to disclose exculpatory evidence under Brady, the Appellate Division held that...
by Fred Sisto | Aug 4, 2021 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
Justice Solomon continued in relevant part: After an unsuccessful direct appeal, defendant filed for post-conviction relief (PCR) in 1999, alleging ineffective assistance of counsel and arguing that trial counsel failed to hire a handwriting expert and neglected to...
by Fred Sisto | Aug 2, 2021 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
On June 23, 2021, the New Jersey Supreme Court decided the Morris County case of State v. Craig Szemple. The principal issue concerned whether the State can be compelled to search its file to determine the existence of information in this post-conviction context,...