by Fred Sisto | Jul 19, 2017 | Blog, Criminal Law, Legal Procedures, Monmouth County, Ocean County
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...
by Fred Sisto | Jul 17, 2017 | Blog, Criminal Law, Legal Procedures, Monmouth County, Ocean County
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...
by Fred Sisto | Jul 15, 2017 | Blog, Criminal Law, Legal Procedures, Monmouth County, Ocean County
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...
by Fred Sisto | Jul 13, 2017 | Blog, Criminal Law, Legal Procedures, Monmouth County, Ocean County
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...
