by Fred Sisto | Oct 15, 2024 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
Justice Gorsuch concluded with the following in relevant part: Amicus next turns to the Double Jeopardy Clause, which permits a judge to look into a defendant’s past conduct to ask whether the government has charged a defendant for the same crime a second time. While...
by Fred Sisto | Oct 13, 2024 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The United States Supreme Court majority continued in relevant part: To answer such questions, a court will sometimes consult the Shepard documents in a case, which include judicial records, plea agreements, and colloquies between a judge and the defendant. See...
by Fred Sisto | Oct 11, 2024 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
Justice Gorsuch continued in relevant part: The government concedes what all of this means for Mr. Erlinger. To trigger ACCA’s mandatory minimum, the government had to prove, among other things, that his three predicate convictions were “committed on occasions...
by Fred Sisto | Oct 9, 2024 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The Supreme Court majority continued in relevant part: On appeal, the government confessed error. Pointing to this Court’s recent decision in Wooden v. United States, 595 U. S. 360, which acknowledged that an ACCA “occasions inquiry” can be intensely factual in...
by Fred Sisto | Oct 7, 2024 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
On June 21, 2024, the United States Supreme Court decided the case of Erlinger v. United States. The principal issue concerned whether a jury is required to determine if prior offenses were committed on separated occasions for a court to impose enhanced penalties....
