by Fred Sisto | Oct 16, 2021 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
Chief Justice Rabner wrote a separate concurring opinion to ask the Committee on Evidence to examine whether N.J.R.E. 803(c)(25) should be amended. Noting that the federal counterpart to Rule 803(c)(25) contains an additional requirement beyond those of the New Jersey...
by Fred Sisto | Oct 15, 2021 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
Justice Albin continued in relevant part: Applying the Strickland/Fritz test, the Court finds that Hannah has shown both that counsel’s representation fell below an objective standard of reasonableness and that, to a degree of reasonable probability, the outcome of...
by Fred Sisto | Oct 14, 2021 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The Court continued in relevant part: In light of the factual findings of the third PCR judge, the Court accepts that Hannah’s trial counsel had the Redd Report. The exclusion of that evidence must be considered in conjunction with the other evidence withheld —...
by Fred Sisto | Oct 13, 2021 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
Justice Albin continued in relevant part: In a criminal case, the accused is guaranteed the effective assistance of counsel by the Sixth Amendment of the United States Constitution, Strickland v. Washington, 466 U.S. 668, 684-85 (1984), and Article I, Paragraph 10 of...
by Fred Sisto | Oct 12, 2021 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The New Jersey Supreme Court majority continued in relevant part: Based on the record, Hannah has established that his counsel rendered constitutionally deficient representation and that, but for counsels’ errors, there is a reasonable probability that the outcome of...