by Fred Sisto | Oct 18, 2021 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The Appellate Division continued in relevant part: We recognize that the absence of instructions did not directly impact the charge that Rodriguez held herself “out to the public or any person as being eligible to engage” in the practice of medicine...
by Fred Sisto | Oct 17, 2021 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
On August 25, 2021, a three-judge appellate panel decided the Passaic County case of State v. Yvonne Jeanotte-Rodriguez, et al. The principal issue under N.J.S.A. 2C:21-20 concerned the specific activities that a medical assistant can legally perform. Presiding Judge...
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 —...