by Fred Sisto | Nov 2, 2017 | Blog, Criminal Law, Monmouth County, Ocean County
Because petitioner has not shown a reasonable probability of a different outcome but for counsel’s failure to object or that counsel’s shortcomings led to a fundamentally unfair trial, he is not entitled to a new trial. Although potential jurors might have...
by Fred Sisto | Oct 31, 2017 | Blog, Criminal Law, Monmouth County, Ocean County
Not every public-trial violation will lead to a fundamentally unfair trial. And the failure to object to that violation does not always deprive the defendant of a reasonable probability of a different outcome. This portion of the holding is at odds with the fact that...
by Fred Sisto | Oct 29, 2017 | Blog, Criminal Law, Judge and Jury, Legal Procedures, Monmouth County, Ocean County
The fact that the public-trial right is subject to exceptions suggests that not every public-trial violation results in fundamental unfairness. Indeed, the Court has said that a public-trial violation is structural because of the “difficulty of assessing the...
by Fred Sisto | Oct 27, 2017 | Blog, Criminal Law, Drug Crime, Judge and Jury, Legal Procedures, Monmouth County, Ocean County
Generally, a constitutional error that did not contribute to the verdict obtained is deemed harmless, which means the defendant is not entitled to reversal. However, a structural error, which affects the framework within which the trial proceeds defies harmless error...
by Fred Sisto | Oct 25, 2017 | Blog, Criminal Law, Judge and Jury, Legal Procedures, Monmouth County, Ocean County
On June 22, 2017, the United State Supreme Court decided the case of Kentel Weaver v. Massachusetts. When petitioner was tried in a state trial court, the courtroom could not accommodate all the potential jurors. As a result, for two days of jury selection, an officer...
