by Fred Sisto | Mar 21, 2023 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
Chief Justice Rabner continued: In criminal cases up until now, the Court has used the Frye standard to assess reliability. Decided a century ago, Frye involved a defendant’s effort to introduce evidence of a blood pressure test that could purportedly reveal whether a...
by Fred Sisto | Mar 19, 2023 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The Court continued in relevant part: Judge Lisa concluded in a 332-page report that DRE evidence should be admissible under the Frye standard. Counsel discussed error rates associated with DRE evidence in their briefs to the Special Master and the Court. But although...
by Fred Sisto | Mar 17, 2023 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
On February 17, 2023, the New Jersey Supreme Court decided the latest round of appeals in the Morris County case of State v. Michael Olenowski. The principal issue concerned the appropriate standard to evaluate the admissibility of expert “drug recognition” evidence...
by Fred Sisto | Mar 15, 2023 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The Appellate Division concluded with the following in relevant part: Moreover, the purpose of the shoplifting statute is “preventing the loss of merchandise without full payment–the protection of inventory.” De Angelis v. Jamesway Dep’t...
by Fred Sisto | Mar 13, 2023 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
On December 21, 2022, a three-judge appellate panel decided the Middlesex County case of State v. Eric Burnham. The principal issue under N.J.S.A. 2C:20-11 was whether sales tax could be calculated to determine for the value of goods for the grading of a shoplifting...