by Fred Sisto | Nov 27, 2020 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The New Jersey Supreme Court continued in relevant part: At summation, the State stressed that “Clarke was never offered the lowest sentence. On that type of crime, . . . he could have been given straight probation. Straight probation. And he was offered, by the...
by Fred Sisto | Nov 24, 2020 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
On July 2, 2020, the New Jersey Supreme Court decided the case of State v. Michael A. Jackson. The principal issue concerned the permissible scope of cross-examining a cooperating witness when the defendant faces the same charges as the cooperating witness. Justice...
by Fred Sisto | Nov 21, 2020 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
Justice Solomon and the 4-3 majority concluded in relevant part: New Jersey’s common law privilege against self-incrimination derives from the notion of personal privacy established by the United States Supreme Court in Boyd v. United States, 116 U.S. 616 (1886). The...
by Fred Sisto | Nov 18, 2020 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The New Jersey Supreme Court continued in relevant part: Based on the record in this case, compelled production of the passcodes falls within the foregone conclusion exception. The State’s demonstration of the passcodes’ existence, Andrews’s previous possession and...
by Fred Sisto | Nov 15, 2020 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
Justice Solomon continued in relevant part: Here, the State correctly asserts that the lawfully issued search warrants — the sufficiency of which Andrews does not challenge — give it the right to the cellphones’ purportedly incriminating contents as...