by Fred Sisto | Dec 18, 2021 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
On January 27, 2020, the Atlantic County Superior Court Law Division decided the case of State v. Kyle Powell. Law Division opinions are considered non-binding, but persuasive. The same is true for unpublished Appellate Division opinions. The delay in the issuance of...
by Fred Sisto | Dec 17, 2021 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
Justice Albin dissented. The dissent expressed the view that the direct and inferential evidence — viewed in the light most favorable to the State — cannot rationally justify the murder conviction of Michelle Lodzinski. Noting that a murder conviction...
by Fred Sisto | Dec 16, 2021 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The New Jersey Supreme Court continued in relevant part: There was no abuse of discretion in the trial court’s response to the juror’s misconduct. By virtue of his admitted violation of the court’s instructions, the juror made clear that he was unable to continue his...
by Fred Sisto | Dec 15, 2021 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The Court continued in relevant part: The judgment of the Appellate Division upholding defendant’s conviction is affirmed by an equally divided Court. Three members of the Court found the evidence sufficient and three members found the evidence insufficient to sustain...
by Fred Sisto | Dec 14, 2021 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The Court continued in relevant part: Defendant was tried before a jury over twenty-eight trial days beginning in March 2016. On the third day of jury deliberations, the trial court received a note from a juror stating that “research was done by Juror No. 1 as to the...