by Fred Sisto | Apr 13, 2024 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The Court concluded with the following in relevant part: Our “cases have defined an acquittal to encompass any ruling that the prosecution’s proof is insufficient to establish criminal liability for an offense.” Evans v. Michigan, 568 U. S. 313, 318. Once rendered, a...
by Fred Sisto | Apr 11, 2024 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
On February 21, 2024, a unanimous United States Supreme Court decided the case of Mcelrath v. Georgia. The principal issue concerned whether a jury verdict of not guilty by reason of insanity constituted an acquittal for double jeopardy purposes notwithstanding its...
by Fred Sisto | Apr 9, 2024 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The Court continued in relevant part: The wiretap statutes are infused with constitutional considerations, as identified in Berger and Katz. The Constitution sets the benchmark for a reasonable search: the use of a warrant based on probable cause. When a lesser...
by Fred Sisto | Apr 7, 2024 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
Chief Justice Rabner continued in relevant part: The Court next considers whether the requests for information in this appeal are subject to the enhanced privacy protections of the wiretap acts. The State argues the wiretap acts do not apply because the stored...
by Fred Sisto | Apr 5, 2024 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The New Jersey Supreme Court continued in relevant part: Federal law authorizes government entities to require disclosure of a communication “that is in electronic storage” for 180 days or less pursuant to a warrant, or that “has been in electronic storage” for more...