by Fred Sisto | Jun 8, 2024 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The next case to address confrontation clause issues is the Passaic County case of State v. Kent (App. Div. 2007). Judge Sabatino wrote for the three-judge appellate panel in relevant part: This drunk driving case presents another instance concerning the admissibility...
by Fred Sisto | Jun 6, 2024 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The Appellate panel continued in relevant part. We likewise reject defendant’s claim under Point II that the taking of his blood over his objection violated his rights under the Fourth Amendment. Here, unlike in Ravotto, defendant never expressly refused to give...
by Fred Sisto | Jun 4, 2024 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The Appellate panel continued in relevant part: Accordingly, in light of Crawford, Berezansky, and Buda, the decision by the court below dispensing with the opportunity for cross-examination of the nurse who drew defendant’s blood cannot be countenanced. We...
by Fred Sisto | Jun 2, 2024 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The Court continued in relevant part: The State’s argument that N.J.S.A. 2A:62A-11 should not be construed to require the State to produce the nurse who drew the blood because of the pragmatic considerations involved in securing such appearance at a trial a...
by Fred Sisto | May 31, 2024 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The Court continued in relevant part: Here, we have no difficulty in finding the certification to be testimonial. If a statement of a child about his injuries is deemed testimonial when the immediate emergency has passed, then certainly a certification prepared for...
