by Fred Sisto | Jul 8, 2024 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The Appellate Division continued in relevant part: However, other courts following Crawford have reached different conclusions. For example, in State v. Caulfield, the Minnesota Supreme Court classified as testimonial a report from a state laboratory identifying a...
by Fred Sisto | Jul 6, 2024 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The Court continued in relevant part: The State argues that Crawford has no bearing on the admissibility of hospital worker’s certificate because Gallant was not subjected to “police interrogation.” See Davis. That argument is unpersuasive. For one...
by Fred Sisto | Jul 4, 2024 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The Appellate Division continued in relevant part: We recognize that hospital nurses, phlebotomists and other medical personnel are not police officers. Nonetheless, their close interaction with law enforcement officers, in extracting blood from DWI suspects and in...
by Fred Sisto | Jul 2, 2024 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The three-judge panel continued in relevant part: Likewise, we recently decided in State v. Renshaw, that a hospital nurse’s blood sample certification under is testimonial under Crawford. In Renshaw, as here, a private hospital employee was asked by a police...
by Fred Sisto | Jun 30, 2024 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The Appellate Division continued in relevant part: In State v. Berezansky, we held that a defendant in a drunk-driving prosecution was similarly denied his constitutional guarantee of confrontation when a municipal judge admitted a State Police laboratory certificate...
