by Fred Sisto | Apr 6, 2017 | Blog, Criminal Law, New Jersey, News
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...
by Fred Sisto | Apr 4, 2017 | Blog, Criminal Law, New Jersey, News
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...
by Fred Sisto | Mar 29, 2017 | Blog, Criminal Law, Know Your Rights, Monmouth County, Ocean County, Traffic Stops
As to the State’s contention that the Smith standard has been eroded by subsequent decisions, the Court observes that no decision since Smith, including Sloane, has implicitly or explicitly modified or overruled Smith. Here, the Court reaffirms the Smith...
by Fred Sisto | Mar 23, 2017 | Blog, Criminal Law, Know Your Rights, Traffic Stops
On January 31, 2017, Justice Timpone, wrote for a unanimous New Jersey Supreme Court in the case of State v. Tawain Bacome. In this appeal, the Court clarified the circumstances under which police officers may require a passenger in an automobile to exit a vehicle...
