by Fred Sisto | Sep 16, 2024 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
On June 20, 2024, the United States Supreme Court decided the case of Delilah Diaz v. United States. The principal issue concerned the admissibility of opinion evidence concerning “most people’s” mental state. Justice Thomas wrote for the 6-3 majority in relevant...
by Fred Sisto | Sep 14, 2024 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The 6-3 United States Supreme Court majority concluded with the following in relevant part: Brown also claims that his reading is required by United States v. Schooner Peggy, 1 Cranch 103, 110, which says that when the law changes while a case is in progress, the case...
by Fred Sisto | Sep 12, 2024 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
Justice Alito continued in relevant part: Petitioners various other arguments are unpersuasive. Relying on the so-called reference canon, Jackson claims that ACCA “incorporates the schedules ‘as they exist whenever a question under ACCA arises.” Brief of Petitioner...
by Fred Sisto | Sep 10, 2024 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
Justice Alito continued in relevant part: The Government’s interpretation would treat state offenses “involving a controlled substance (as defined in the CSA)” like those federal offenses “under the CSA.” Petitioners’ interpretations, by contrast, would treat those...
by Fred Sisto | Sep 8, 2024 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The Supreme Court majority continued in relevant part: Jackson’s presentence report identified several prior Florida convictions, including convictions in 1998 and 2004 for possession and distribution of cocaine. In 2015, the Federal Government amended the federal...
