2053 Woodbridge Ave. Edison, NJ 08817

Ken is a NJ trial attorney who has published 130 articles in national and New Jersey publications on litigation topics. He has been selected to write the new ABA book: DUI and Drug Possession Defense".

Wednesday, July 21, 2010

State v. Eugene Basil (A-34-09)

State v. Eugene Basil (A-34-09) 7-20-10

The on-scene identification by a citizen informant and
corroborative discovery of the weapon gave officers
probable cause to arrest defendant and, therefore,
defendant’s volunteered statement to police should not
have been suppressed as the product of an unlawful
arrest. In addition, the members of the Court being
equally divided, the judgment of the Appellate
Division is affirmed, holding that the non-appearing
witness’s testimonial hearsay statement was
inadmissible under the Sixth Amendment Confrontation
Clause. The admission of the statement had the clear
capacity to cause an unjust result and was not
harmless error beyond a reasonable doubt