by Fred Sisto | Sep 7, 2022 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The dissent continued: Only by ignoring an abundance of historical evidence supporting regulations restricting the public carriage of firearms can the Court conclude that New York’s law is not “consistent with the Nation’s historical tradition of firearm regulation.”...
by Fred Sisto | Aug 31, 2022 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
In Bruen, Justice Breyer filed a dissenting opinion. He was joined by Justices Sotomayor and Kagan. Since state constitutions can provide Second Amendment rights beyond those proved by the federal constitution, the dissent in cases like this often write to inform...
by Fred Sisto | Aug 24, 2022 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
Guided by these fundamental principles, and predicated on the role the Legislature has in our tripartite system of government, if the Legislature intended to hold a defendant responsible based upon the number of victims of the accident, and not for the singular act of...
by Fred Sisto | Aug 17, 2022 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
On May 16, 2022, the New Jersey Supreme Court decided the Hudson County case of State v. Rashaun Bell. The principal issue before the Court under N.J.S.A. 2C:11-5.1 was whether “Leaving Accident Scene Resulting in the Death of Another Person” can be charged separately...
by Fred Sisto | Aug 10, 2022 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
Justice Thomas concluded with the following in relevant part: Finally, these territorial restrictions deserve little weight because they were, consistent with the transitory nature of territorial government, short lived. Some were held unconstitutional shortly after...