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 under N.J.S.A. 2C:21-20(c). And there was “some evidence” upon which the grand jury could rely in […]

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 Ostrer wrote for the panel in relevant part: In these three appeals, consolidated for our opinion, the […]

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 rule — to be admissible, a statement against interest must not only be against the […]

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 the trial would have been different but for counsel’s mistakes, which were magnified by mistakes made […]

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 — the testimony of Thomas’s mother. The mother’s damning testimony inculpating her […]

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 the New Jersey Constitution, State v. Fritz, 105 N.J. 42, 58 (1987). The […]

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 the trial would have been different. The Court reverses the judgment of the Appellate Division denying […]

Justice Albin continued in relevant part: In February 2009, the Appellate Division reversed the second PCR court and remanded for an evidentiary hearing. Before the evidentiary hearing, Hannah filed a motion to recuse the PCR judge because he had served as the Hudson County Prosecutor when that office opposed Hannah’s PCR application. The PCR judge […]

The New Jersey Supreme Court continued in relevant part: Jones acknowledged that her son and Hannah were drug dealers who sometimes worked together, and she testified to a number of comments Thomas made to her that suggested he had participated in the killings and planned to frame Hannah for them. The court rejected defense counsel’s […]

Justice Albin continued in relevant part: Certain evidence was never presented at trial. First, a six-page report prepared by Lieutenant Charles Redd of the Hudson County Prosecutor’s Office provided a narrative of the homicide investigation and Thomas’s importance to that investigation. The Redd Report revealed that investigators found in the victims’ car a pager number […]