by Fred Sisto | Jul 18, 2024 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The three-judge panel continued in relevant part: In making these general observations, we by no means intimate in this case that defense counsel’s insistence upon the presence of lab chemist Messana and of hospital worker Gallant at his client’s DWI trial...
by Fred Sisto | Jul 16, 2024 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The Court continued in relevant part: The Legislature was acutely conscious of these burdens when it adopted N.J.S.A. 2A:62A-10 and 11. Through this statute the Legislature sought to encourage medical professionals who draw blood from DWI suspects to cooperate with...
by Fred Sisto | Jul 14, 2024 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The Appellate Division continued in relevant part: Having applied, as we must, the doctrinal holdings of Crawford and Davis to the hearsay statements before us, we now address the practical ramifications of these constitutional analyses. We do so with a full awareness...
by Fred Sisto | Jul 12, 2024 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
Our case law reflects some ambivalence about whether the Confrontation Clause of the New Jersey Constitution, which has roots in our original state constitution of 1776, should be read more broadly than its federal counterpart. Compare State v. Daniels (“There...
by Fred Sisto | Jul 10, 2024 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The three-judge panel continued in relevant part: Defendant also contends that he is independently entitled to cross-examine the authors of the laboratory reports and the blood sample certificate under the Confrontation Clause of the New Jersey Constitution, article...
