by Fred Sisto | Jul 22, 2022 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
Justice Thomas continued in relevant part: New York’s proper-cause requirement violates the Fourteenth Amendment by preventing law-abiding citizens with ordinary self-defense needs from exercising their Second Amendment right to keep and bear arms in public for...
by Fred Sisto | Jul 20, 2022 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
On June 23, 2022, the United States Supreme Court decided the case of New York Rifle and Pistol Association v. Bruen. The principal issue before the Court concerned whether New York’s permit-to-carry a firearm requirements violated the Second Amendment. Justice...
by Fred Sisto | Jul 18, 2022 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County, Weapons Charge
The Appellate Division continued in relevant part: The Model Charge contains four paragraphs explaining the third element of the crime. The jury never heard or saw any of those instructions. It is beyond debate that “the court must always charge on the elements...
by Fred Sisto | Jul 16, 2022 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County, Weapons Charge
On April 29, 2022, a three-judge appellate panel decided the Gloucester County case of State v. Anthony Kille. The principal issue under N.J.S.A 2C:39-4 concerned whether the conviction could stand if the judge omits one of the required elements from the jury charge....
by Fred Sisto | Jul 14, 2022 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The Appellate Division concluded with the following in relevant part: Moreover, defendant did not voice to the trial judge any objection to a mistrial after partially losing his motion for dismissal with prejudice of all charges. Although his attorney did not...