by Fred Sisto | Mar 27, 2025 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
Justice Sotomayor continued in relevant part: A district court’s failure to comply with Rule 32.2(b)(2)(B)’s requirement to enter a preliminary order before sentencing does not bar a judge from ordering forfeiture at sentencing subject to harmless-error...
by Fred Sisto | Mar 20, 2025 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
On April 17, 2024, the United States Supreme Court decided the cases of McIntosh v. U.S. The principal issue concerned the required procedure for a judge to order a forfeiture as part of a criminal sentencing. Justice Sotomayor wrote for a unanimous Court in relevant...
by Fred Sisto | Mar 13, 2025 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The three-judge panel concluded with the following in relevant part: In sum, we deem an augmented statement of reasons to be adequate to permit meaningful judicial review, thus ensuring the constitutional application of the JLA and Guidelines. We are unpersuaded by...
by Fred Sisto | Mar 6, 2025 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
On August 19, 2024, a three-judge appellate panel decided the Somerset County case of State v. Arthur Wildgoose. The principal issue under N.J.S.A. 2C:14-2 concerned the constitutionality of the prosecution’s refusal to extend a pre-indictment offer in light of its...
by Fred Sisto | Feb 27, 2025 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
Judge Puglisi concluded with the following in relevant part: While M.L.’s Scale score was properly computed, the judge nevertheless had the obligation to determine whether, given the individual facts of the case, the notification attendant to that tier was...
