Our Office Knows How to Handle New Responsibilities put on Criminal Defense Lawyers

Interpretation of criminal law is constantly changing, and here at the Law Offices of Eric B. Morrell we stay on top of court decisions to ensure we are providing our clients with outstanding service. There have been recent updates as a result of multiple cases, including State v. Jose Carrion and State v. Hedgespeth. According to the Supreme Court of New Jersey, the Confrontation Clause was violated in both of these cases because the prosecution was unable to provide live testimony from their witnesses. Thus, the Supreme Court instilled a new requirement if the State decides to use an affidavit in lieu of live testimony in gun related cases, the responsibility of calling on the State for live testimony lies with the defense.

The Confrontation Clause in the Sixth Amendment gives the accused the right to cross-examine contra witnesses and be present at their trial. Its implementation was intended to uphold the fairness of the U.S. criminal justice system, by ensuring that witnesses understand the severity and seriousness of being under oath, and by allowing jurors to observe witness behavior during live testimony.

In State v. Jose Carrion, Mr. Carrion was charged and ultimately convicted of second degree unlawful possession of a handgun, N.J.S.A. 2C: 39-5 (b), along with several other convictions. However, during his trial, the defense objected to an affidavit–a written statement given under oath–submitted by the Firearms Investigation Unit of the Department of Law and Public Safety, which reported that an employee searched the gun records database and found no record of Mr. Carrion’s permit to carry a firearm. Ultimately, the Supreme Court determined that the affidavit is a form of testimony, thus giving Mr. Carrion the right to cross-examine.

However, it is not possible to cross examine an affidavit, and as such, the Supreme Court held that this was a violation of the Confrontation Clause. The Supreme Court now requires the defense to inform the State that they must use live testimony. This new change is very similar to other areas of the law where the defense has to put the State on notice in cases such as: blood reports for DWIs, laboratory reports for drug testing, and zoning map surveys for Public Park and housing distribution cases.  

At our law office, we are familiar with cases that could directly affect you, and we uphold our responsibilities so we may fight for our clients to the best of our ability. Please contact our offices if you need us for a serious criminal matter.