by Fred Sisto | Jun 28, 2024 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The three-judge panel continued: We also note that the Sixth Amendment’s confrontation guarantee has been deemed applicable to state courts for several decades through the Due Process Clause of the Fourteenth Amendment. See Pointer v. Texas (1961). For these reasons,...
by Fred Sisto | Jun 26, 2024 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The Appellate Division continued in relevant part: In another seminal opinion, decided in June 2006 after the matter now before us was tried, the United States Supreme Court clarified in Davis v. Washington that hearsay statements are “non-testimonial”...
by Fred Sisto | Jun 24, 2024 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
Even though the defendant suggests innocent connotations for each of these factors individually, “it is not fatal to the State’s case that these, or other speculative circumstances, permit of some other rational explanation of defendant’s conduct or...
by Fred Sisto | Jun 22, 2024 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The three-judge panel continued in relevant part: On de novo review, the Law Division upheld defendant’s DWI conviction. The Law Division judge held that the admission of the blood sample certificate and the State Police laboratory documents did not violate the...
by Fred Sisto | Jun 20, 2024 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The Court continued in relevant part: After being supplied with the defense expert’s report, the municipal prosecutor stipulated to its admission. The prosecutor also stipulated that the State could not prove beyond a reasonable doubt that defendant’s...
