by Fred Sisto | Apr 24, 2017 | Blog, Criminal Law, Juvenile Delinquency, Laws Protecting Children, New Jersey
The Court continued: Given this holding, both Zuber and Comer are entitled to be resentenced. To stave off possible future constitutional challenges to the current sentencing scheme, the Court asks the Legislature to consider enacting a statute that would provide for...
by Fred Sisto | Apr 22, 2017 | Blog, Criminal Law, Juvenile Delinquency, Laws Protecting Children, New Jersey
In the cases of State v. Ricky Zuber and State v. James Comer, decided on January 11, 2017, New Jersey Supreme Court Chief Justice Rabner wrote for a unanimous Court. In these appeals, the Court considered whether the United States Supreme Court’s determination in...
by Fred Sisto | Apr 18, 2017 | Blog, Criminal Law, Jail Time and Probation, Legal Procedures, Monmouth County, Ocean County
The Moorer Court continued: Thus, a party seeking a lesser-included offense charge must show “(1) that the requested charge satisfies the definition of an included offense set forth in N.J.S.A. 2C:1-8d, and (2) that there is a rational basis in the evidence to...
by Fred Sisto | Apr 10, 2017 | Blog, Criminal Law, New Jersey, News
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....
by Fred Sisto | Apr 8, 2017 | Criminal Law, New Jersey, News
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...
