The three-judge panel continued in relevant part: In making these general observations, we by no means intimate in this case that defense counsel's insistence upon the presence of lab chemist Messana and of hospital worker Gallant at his client's DWI trial was...
Monmouth County
Confrontation Clause Cases (Part 42)
The Court continued in relevant part: The Legislature was acutely conscious of these burdens when it adopted N.J.S.A. 2A:62A-10 and 11. Through this statute the Legislature sought to encourage medical professionals who draw blood from DWI suspects to cooperate with...
Confrontation Clause Cases (Part 41)
The Appellate Division continued in relevant part: Having applied, as we must, the doctrinal holdings of Crawford and Davis to the hearsay statements before us, we now address the practical ramifications of these constitutional analyses. We do so with a full awareness...
Confrontation Clause Cases (Part 40)
Our case law reflects some ambivalence about whether the Confrontation Clause of the New Jersey Constitution, which has roots in our original state constitution of 1776, should be read more broadly than its federal counterpart. Compare State v. Daniels ("There is...
Confrontation Clause Cases (Part 39)
The three-judge panel continued in relevant part: Defendant also contends that he is independently entitled to cross-examine the authors of the laboratory reports and the blood sample certificate under the Confrontation Clause of the New Jersey Constitution, article...
Confrontation Clause Cases (Part 38)
The Appellate Division continued in relevant part: However, other courts following Crawford have reached different conclusions. For example, in State v. Caulfield, the Minnesota Supreme Court classified as testimonial a report from a state laboratory identifying a...
Confrontation Clause Cases (Part 37)
The Court continued in relevant part: The State argues that Crawford has no bearing on the admissibility of hospital worker's certificate because Gallant was not subjected to "police interrogation." See Davis. That argument is unpersuasive. For one thing, the Supreme...
Confrontation Clause Cases (Part 36)
The Appellate Division continued in relevant part: We recognize that hospital nurses, phlebotomists and other medical personnel are not police officers. Nonetheless, their close interaction with law enforcement officers, in extracting blood from DWI suspects and in...
Confrontation Clause Cases (Part 35)
The three-judge panel continued in relevant part: Likewise, we recently decided in State v. Renshaw, that a hospital nurse's blood sample certification under is testimonial under Crawford. In Renshaw, as here, a private hospital employee was asked by a police officer...
Confrontation Clause Cases (Part 34)
The Appellate Division continued in relevant part: In State v. Berezansky, we held that a defendant in a drunk-driving prosecution was similarly denied his constitutional guarantee of confrontation when a municipal judge admitted a State Police laboratory certificate...
