by Fred Sisto | May 19, 2024 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The Appellate Division continued in relevant part: Except for Point III, each claim lacks merit. As to Point III, we conclude that the hearsay admission of the “Uniform Certification for Bodily Specimens Taken in a Medically Acceptable Manner,”...
by Fred Sisto | May 17, 2024 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The next important case to address Confrontation Clause issues was the 2007 New Jersey Appellate Division case of State v. Renshaw. There, a three-judge panel wrote in relevant part: Defendant Robert Renshaw appeals from a conviction for driving while intoxicated, in...
by Fred Sisto | May 15, 2024 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
Justice Scalia concluded with the following in relevant part: Amy Hammon’s statements were testimonial. They were not much different from those in Crawford. It is clear from the circumstances that Amy’s interrogation was part of an investigation into possibly criminal...
by Fred Sisto | May 13, 2024 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The Court continued in relevant part: McCottry’s statements identifying Davis as her assailant were not testimonial. This case requires the Court to decide whether the Confrontation Clause applies only to testimonial hearsay, and, if so, whether the 911 recording...
by Fred Sisto | May 11, 2024 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
Justice Scalia also wrote for an 8-1 majority of the United States Supreme Court in Davis v. Washington, a 2006 case that addressed the Sixth Amendment’s Confrontation Clause. He held in relevant part: In No. 05–5224, a 911 operator ascertained from Michelle McCottry...
