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,...
by Fred Sisto | Jul 31, 2021 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The three-judge appellate panel concluded in relevant part: The court’s dismissal of the PDVA complaint against defendant following a retrial on the merits also constituted a determination that defendant lacked any fault permitting a forfeiture of weapons, and...
by Fred Sisto | Jul 29, 2021 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The Appellate Division continued in relevant part: We reject the literal interpretation of N.J.S.A. 2C:25-29(b) urged by the State because it cannot be logically reconciled with the PDVA’s legislative scheme. The two-year bar is incorporated in a...
by Fred Sisto | Jul 27, 2021 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
On June 24, 2021, a three-judge appellate panel decided the Gloucester County case of State v. W.C. The principal issue under N.J.S.A. 2C:25-21 was whether the State could forfeit the defendant’s weapons after a final domestic violence restraining order was vacated....