by Fred Sisto | Nov 11, 2021 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The majority continued in relevant part: In State v. Lazo, the Court noted considerations identified by federal appellate courts deciding whether lay opinion testimony will assist the jury, as required by Fed. R. Evid. 701. 209 N.J. 9, 22-24 (2012). The Court again...
by Fred Sisto | Nov 10, 2021 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
Justice Patterson continued in relevant part: N.J.R.E. 701 was adopted to ensure that lay opinion is based on an adequate foundation. As amended in 2019, the rule provides that lay opinion testimony “may be admitted if it: (a) is rationally based on the witness’...
by Fred Sisto | Nov 9, 2021 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The New Jersey Supreme Court continued in relevant part: A grand jury indicted defendant for felony murder and armed robbery, among other offenses. Defendant filed a pretrial motion to exclude Annese’s testimony. The trial court ruled that her testimony was...
by Fred Sisto | Nov 8, 2021 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
On July 22, 2021, the New Jersey Supreme Court decided the Camden County case of State v. Damian Sanchez. Justice Patterson wrote for a 5-2 majority of the Court. The principal issue involved the application of evidence rules 701 and 403 to the identification of a...
by Fred Sisto | Nov 7, 2021 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The Court concluded with the following in relevant part: The United States Supreme Court is the final arbiter of the Federal Constitution. Here, the Court considers whether the reasonable mistake of law doctrine comports with the State Constitution. In our federalist...