by Fred Sisto | Apr 19, 2024 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
Justice Alito continued: Second, the court concluded that the jurors had been dismissed, not based on their religious status, but based on their religious beliefs. And this distinction, it said, made all the difference because, in its view, while dismissals based on a...
by Fred Sisto | Apr 17, 2024 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
Justice Alito continued: In response to this question, some potential jurors raised their hands, and Finney’s lawyer then questioned them individually. During this phase of voir dire, Juror 4, a pastor’s wife, stated that “homosexuality, according to the Bible, is a...
by Fred Sisto | Apr 15, 2024 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
On February 20, 2024, The United States Supreme Court denied a petition for a writ of certiorari in the case of Missouri Department of Corrections v. Jean Finney. Justice Alito added the following analysis to the denial. I agree that we should not grant certiorari in...
by Fred Sisto | Apr 13, 2024 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The Court concluded with the following in relevant part: Our “cases have defined an acquittal to encompass any ruling that the prosecution’s proof is insufficient to establish criminal liability for an offense.” Evans v. Michigan, 568 U. S. 313, 318. Once rendered, a...
by Fred Sisto | Apr 11, 2024 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
On February 21, 2024, a unanimous United States Supreme Court decided the case of Mcelrath v. Georgia. The principal issue concerned whether a jury verdict of not guilty by reason of insanity constituted an acquittal for double jeopardy purposes notwithstanding its...
