by Fred Sisto | Oct 11, 2017 | Blog, Criminal Law, Jail Time and Probation, Legal Procedures, Monmouth County, Ocean County, Weapons Charge
Petitioners’ problem is that their current alternative theory would have had to persuade the jury that both Alston and Bennett falsely confessed to being active participants in a group attack that never occurred; that Yarborough falsely implicated himself in...
by Fred Sisto | Oct 9, 2017 | Blog, Criminal Law, Jail Time and Probation, Legal Procedures, Monmouth County, Ocean County, Weapons Charge
The Turner Court held that the withheld evidence was not material under Brady. The Government does not contest petitioners’ claim that the withheld evidence was “favorable to the defense.” Petitioners and the Government, however, do contest the...
by Fred Sisto | Oct 7, 2017 | Blog, Criminal Law, Jail Time and Probation, Legal Procedures, Monmouth County, Ocean County, Weapons Charge
On June 22, 2017, the United States Supreme Court decided the case of Charles Turner and Russell Overton v. United States. Petitioners and several others were indicted for the kidnaping, robbery, and murder of Catherine Fuller. At trial, the Government advanced the...
by Fred Sisto | Jul 11, 2017 | Blog, Criminal Law, Jail Time and Probation, Know Your Rights, Weapons Charge
In State in Interest of C.L.H.’s Weapons, (App. Div. 2015), the panel stated that “any voluntary surrender under the amnesty law” had to comply with N.J.S.A. 2C:39-12, which requires a person to provide written notice to law enforcement before...
by Fred Sisto | Jul 9, 2017 | Blog, Criminal Law, Jail Time and Probation, Know Your Rights, Monmouth County, Ocean County, Weapons Charge
The New Jersey Supreme Court held that the amnesty law did not afford defendants blanket immunity for the entire amnesty period. Reading the law in that way would lead to absurd results that the Legislature did not intend. Instead, the law created a period of no more...
