Criminal Law Blog
Assault Firearms and Large Capacity Magazines
On July 17, 2026, the Third Circuit Court of Appeals decided the case of Association of New Jersey Rifle and Pistol Clubs v. Attorney General of New Jersey. The principal issue concerned the constitutionality of New Jersey’s ban on assault firearms and “large capacity...
Sexual Assaults and Mental Health Records
On July 9, 2026, a unanimous New Jersey Supreme Court decided the Bergen County case of State v. R.F.P. The principal issue under N.J.S.A. 2C:14-7 concerned whether the defendant made a sufficient showing for an in camera review of the alleged victim’s mental health...
Recovery Court Sentencing and Dismissed Charges
On July 10, 2026, a three-judge appellate panel decided the Essex County case of State v. Tyree Dwyer. The first principal issue under N.J.S.A. 2C:35-14 concerned whether constructive as opposed to actual possession of a firearm precluded Recovery Court participation....
Partial Verdict Mistrials and Double Jeopardy
On July 9, 2026, a three-judge appellate panel decided the Atlantic County case of State v. Fredy Hernandez. The principal issue under N.J.S.A. 2C:1-9 was whether a prosecution violated double jeopardy after a mistrial in which the judge did not determine which count...
PSL and Expungements
On June 10, 2026, a three-judge appellate panel decided the Camden County case of In the Matter of the Expungement of the Criminal/Juvenile Records of A.W. The principal issue under N.J.S.A. 2C:52-1 concerned a petitioner’s expungement eligibility while subject to...
Domestic Violence and Electronic Monitoring
N.J.S.A. 2C:25-32.1 establishes a new domestic violence electronic monitoring program. The relevant statutory provisions are as follows. N.J.S.A. 2C:25-31 Four-Year Pilot Program for Electric Monitoring of Defendants and Notification of Domestic Violence Victims. The...
Race and Peremptory Challenges
On May 28, 2026, the United States Supreme Court issued a 5-4 decision in the Mississippi case of Pitchford v. Cain. The principal issue concerned the validity of the prosecutor’s reasons for striking four black prospective jurors during jury selection. Justice...
New Evidence and New Trials
On May 26, 2026, a unanimous New Jersey Supreme Court decided the Hudson County case of State v. Nirav Patel. The principal issue concerned whether the defendant’s claim of newly discovered evidence entitled him to a new trial. Chief Justice Rabner wrote for the Court...
IQ Scores and Executions
On May 21, 2026, the U.S. Supreme Court dismissed the state of Alabama's appeal in the case of Hamm v. Smith. The principal issue concerned how courts should evaluate conflicting IQ scores in determining if an inmate is too intellectually disabled to execute without...
Causation Theory Evidence
On May 12, 2026, the New Jersey Supreme Court decided the Union County case of State v. Thomas DiNapoli. A principal issue under N.J.S.A. 2C:2-3 concerned when the State is required to give notice of its causation theory to the Defense. Another issue under N.J.S.A....
