by Fred Sisto | Jan 10, 2021 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The Court continued in relevant part: The Appellate Division reversed. 461 N.J. Super. 1, 20 (App. Div. 2019). The court explained that, “to satisfy the plain view doctrine when this case was decided, the State was required to establish: 1) a police officer was...
by Fred Sisto | Jan 8, 2021 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The New Jersey Supreme Court continued in relevant part: Estevez proceeded to knock on two interior doors, one on the first floor and one on the 2 second floor, both of which were answered by female residents who denied having any male roommates. Estevez then went to...
by Fred Sisto | Jan 6, 2021 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
State v. Louis V. Williams (A-40-19) (083400) (NOTE: The Court did not write a plenary opinion in this case. The Court affirms the judgment of the Appellate Division substantially for the reasons expressed in Judge Natali’s opinion, published at 461 N.J. Super. 1...
by Fred Sisto | Jan 4, 2021 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
Justice Solomon continued in relevant part: That consideration is guided by three factors — “(1) the purpose of the rule and whether it would be furthered by a retroactive application, (2) the degree of reliance placed on the old rule by those who administered...
by Fred Sisto | Jan 2, 2021 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The unanimous New Jersey Supreme Court continued in relevant part: When all factors bearing upon retroactivity are weighed — whether the rule’s purpose “would be furthered by a retroactive application,” the State’s reliance on the previous rule, and “the effect...