State v. Edward Sylvia
Feb 22, 2012OUTCOME: Law Division Ruling Affirmed
The Appellate Division admonished the trial court and prosecutor to establish a basis for territorial jurisdiction on the record.
Cherry Hill, NJ
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OUTCOME: Law Division Ruling Affirmed
The Appellate Division admonished the trial court and prosecutor to establish a basis for territorial jurisdiction on the record.
OUTCOME: Ruling of trial court reversed
Appellate Division found forensic chemist's report and hospital worker's certification for blood extraction admitted in violation of appellant's constitutional right to confront witnesses.
OUTCOME: Appeal granted - conviction overturned
New Jersey Court of Appeals agreed that an accused has the right to cross-examine in court every witness who withdrew blood samples for DWI - blood alcohol concentration testing. This ruling confirm ... ed that the United States Constitution and New Jersey Constitution grant an accused the right to confront all witnesses for the State who asserted that blood was drawn from a defendant in a medically acceptable manner.
OUTCOME: Order of Trial Court Affirmed
By questioning driver a second time during a car stop, the police engaged in an unreasonable investigative detention. All evidence seized during car search was suppressed.