Judge Katz continued in relevant part: Such an argument is unpersuasive. J.T. indicated and defendant conceded that "huge rockets" referred to the child's breasts. See supra at pp. 5-6. Such a request, in light of all the circumstances, was neither facetious nor...
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Race & Future Dangerousness: Part 4
The applicable test further requires a defendant to demonstrate prejudice—"a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different." It is reasonably probable that without Dr. Quijano's testimony...
Race & Future Dangerousness: Part 3
In a 6-2 decision, the Supreme Court of the United States held that the Fifth Circuit exceeded the limited scope of the COA analysis. The COA statute sets forth a two-step process: an initial determination whether a claim is reasonably debatable, and, if so, an appeal...
Race & Future Dangerousness: Part 2
Buck contends that his attorney's introduction of this evidence violated his Sixth Amendment right to the effective assistance of counsel. He failed to raise this claim in his first state post conviction proceeding. While that proceeding was pending, this Court...
Race & Future Dangerousness: Part 1
The case of Buck v. Davis was decided by the Unites States Supreme Court on February 22, 2017. Petitioner Duane Buck was convicted of capital murder in a Texas court. Under state law, the jury was permitted to impose a death sentence only if it found unanimously and...
State vs. Bryant
On November 10, 2016, in State v. Charles, Bryant, Jr., a unanimous New Jersey Supreme Court was called upon to determine whether the circumstances supported a police officer's determination to conduct a warrantless protective sweep in the defendant’s home. Officers...
In The News – Fred Sisto Defends Brick Physician Assistant
Fred Sisto was recently hired for a high profile case in Brick, New Jersey. A physician assistant in Brick is facing a series of charges for allegedly distributing prescription drugs illegally. Many news sources are covering the story. The Asbury Park Press stated...
Pre-Trial Intervention Program (PTI) – (Part 6)
The PTI appeal, while labor-intensive, is the defendant's first opportunity to not only point out their own positive attributes, but to also point to the alleged facts of their cases that support admission. It is very effective to use the state's own police reports to...
Pre-Trial Intervention Program (PTI) – (Part 5)
While the plain language of our criminal code does not distinguish between theses two very different types of “distribution”, the unique features of a PTI applicant's case must be considered. See Nwobu, at 255 (holding that PTI decisions are primarily individualistic...
Pre-Trial Intervention Program (PTI) – (Part 4)
To apply Guideline 3(i) and the long out-dated narcotics scheduling of marijuana under these circumstances (mentioned in part 3 of this blog) would lead to an absurd result. The narcotics schedules were published in 1970. See N.J.S.A 24:21-1 et seq. In 1972, a...