by Fred Sisto | Apr 29, 2024 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County, Uncategorized
The late Justice Ginsburg continued on behalf of the 5-4 majority of this plurality opinion in relevant part: If an out-of-court statement is testimonial, it may not be introduced against the accused at trial unless the witness who made the statement is unavailable...
by Fred Sisto | Apr 27, 2024 | Monmouth County, New Jersey, Ocean County
The Court continued in relevant part: In lieu of Caylor, the State called another analyst, Razatos, to validate the report. Razatos was familiar with the testing device used to analyze Bullcoming’s blood and with the laboratory’s testing procedures, but...
by Fred Sisto | Apr 26, 2024 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The following cases all address the Sixth Amendment’s Confrontation Clause. They are particularly relevant to cases in which the prosecution seeks to admit the results of laboratory testing. This is common in cases of alleged “drug driving: in which a urine and/or...
by Fred Sisto | Apr 23, 2024 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
On March 4, 2024 a three-judge appellate panel decided the Middlesex County case of State v. Zaire Cromedy. The principal issue before the Court under N.J.S.A. 2C:39-5(j) concerned whether certain first-degree weapons offenses were exempt from mandatory parole...
by Fred Sisto | Apr 21, 2024 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
Justice Alito concluded with the following: Under Missouri law, “the standard for determining whether a juror should be excused for cause is whether his or her views would ‘prevent or substantially impair’ the performance of duties as a juror.” State v. Ramsey, 864 S....
