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Home >> Trial

July 19, 2017 by Fred Sisto

Appellate Deference & Video Evidence: Part 4

The Court rejects the de novo standard introduced in Diaz-Bridges. A policy of deferring to findings of fact of a trial court based on its review of video and documentary evidence has certain tangible benefits. When more than one reasonable inference can be drawn from the review of a video recording, a trial court’s factual […]

Filed Under: Blog, Criminal Law, Legal Procedures, Monmouth County, Ocean County Tagged With: Appellate Court, Trial

July 17, 2017 by Fred Sisto

Appellate Deference & Video Evidence: Part 3

Generally, on appellate review, a trial court’s factual findings in support of granting or denying a motion to suppress must be upheld when those findings are supported by sufficient credible evidence in the record. The issue here, however, concerns the level of deference owed to a trial court’s factual findings based solely on its review […]

Filed Under: Blog, Criminal Law, Legal Procedures, Monmouth County, Ocean County Tagged With: Appellate Court, Trial

July 15, 2017 by Fred Sisto

Appellate Deference & Video Evidence: Part 2

The interrogation proceeded, and defendant continued to suggest that he did not want to speak. Eventually, he indicated that “it happened” when, after a shower, he was drying himself and his daughter entered the bathroom. In ruling on the motion, the trial court relied solely on its review of the video-recorded interrogation. Because it found […]

Filed Under: Blog, Criminal Law, Legal Procedures, Monmouth County, Ocean County Tagged With: Appellate Court, Trial

July 13, 2017 by Fred Sisto

Appellate Deference & Video Evidence: Part 1

On June 21, 2017, in the case of State v. S.S., Justice Albin wrote for a unanimous New Jersey Supreme Court. In this interlocutory appeal, the Court determines two issues: what is the appropriate standard of appellate review of a trial court’s factual findings based solely on the court’s viewing of a video-recorded police interrogation, […]

Filed Under: Blog, Criminal Law, Legal Procedures, Monmouth County, Ocean County Tagged With: Appellate Court, Trial

Testimonials

Fred is a stickler for detail and communicates with clients very, very well. He is smart and astute. I would recommend him unconditionally.

Tom O   

I would highly recommend Mr. Sisto. He is very insightful and proficient, yet still down to Earth. Fred is great at communicating and breaking down the facts. But most importantly, he excels at getting results.

Bill K   

Thanks to Fred I have no criminal record whatsoever.

Luke A   

Great!!! , got my case handled in the exact manner that I was told and would recommend to everyone else in need of legal representation.

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Recent Posts

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