defense investigation

New Jersey Supreme Court Ruling Shapes Discovery Obligations For Criminal Defense Attorneys in Hudson County and Beyond

Published on: March 5, 2024 | by Stephen J. Natoli

Hudson-County-Criminal-Lawyer-Witness-Statement-300x199 The Supreme Court of New Jersey’s decision in State v. Isaiah J. Knight offers a nuanced examination of the limits of reciprocal discovery in criminal cases, particularly focusing on the circumstances surrounding an affidavit recanting a witness’s previous identification of the defendant as the perpetrator of a crime. The facts of this case play a crucial role in understanding the Court’s rationale and its implications for criminal defense.

On June 1, 2021, Tyzier White was fatally shot outside the Neptune Lounge in Newark. Two witnesses, known by the nicknames “Zay” and “DJ Neptune,” identified Isaiah Knight as the shooter based on sworn statements and photo arrays. Subsequently, Isaiah Knight was arrested. However, in December 2021, Zay reported being coerced into recanting his original statement through a written affidavit while being held at gunpoint by individuals, including the defendant’s sister and cousin. This affidavit aimed to exonerate Knight by claiming Zay’s initial identification was made under duress from detectives.

The State sought to obtain this recanting affidavit from the defense, asserting that it constituted physical evidence of crimes (witness tampering and kidnapping) related to the initial murder charge. The defense objected, invoking constitutional protections to resist disclosing the affidavit. Nonetheless, the trial court and later the Appellate Division ruled in favor of the State, compelling the disclosure of the affidavit under the reciprocal discovery rules.

Supreme Court Deals with IEC Claim in Jersey City Homicide Case

Published on: August 30, 2021 | by Stephen J. Natoli

Ineffective assistance of counsel is a claim that a criminal defendant may assert when their defense attorney’s inadequate representation constitutes a violation of their Sixth Amendment right to counsel.

However, not all cases concerning an attorney’s unsatisfactory performance entitle a defendant to relief. The 1984 landmark Supreme Court case of Strickland v. Washington outlined the two requirements for proving ineffective assistance of counsel: (1) counsel’s performance must be deficient under the circumstances, and (2) but for the counsel’s deficient performance, there is a reasonable probability that the outcome of the case would have been different.

Since inadequate representation creates unfair disadvantages to defendants, and often wrongful convictions, successful ineffective assistance of counsel claims may allow for an overturned conviction, vacated sentence or even a new trial.

A Balancing Act: The Rights of the Accused v. The Rights of the Alleged Victim

Published on: June 17, 2021 | by Stephen J. Natoli

The process of criminal pretrial discovery, which involves an exchange of information between parties, is guided by specific rules and limitations. Protective orders, for example, may limit what information is provided to the opposing party or to whom such information may be provided.

Although restricting information may seem like a detriment to the party seeking certain discovery, such restrictions are sometimes justified by public policy considerations such as fairness and privacy.

On June 4th, 2021, the Appellate Division of the Superior Court of New Jersey decided in State v. Ramirez, that the trial court abused its discretion in denying the State’s motion for a protective order to exclude a victim’s home address from discovery made available to the Defendant and his counsel. The Court came to this conclusion based on (1) the nature of the alleged sexual assault, and (2) the relevant matters of public policy.