Criminal Law Blog
Diminished Capacity and Expert Testimony
On August 3, 2026, a unanimous New Jersey Supreme Court decided the Monmouth County case of State v. Kader Mustafa. The principal issue under N.J.S.A. 2C:4-2 concerned whether expert testimony was required for the defendant to use a diminished capacity defense....
Insanity and Expert Testimony
On August 3, 2026, the New Jersey Supreme Court decided the Essex County case of State v. Jeremy Arrington. The principal issue under N.J.S.A. 2C:4-1 was whether a defendant could lay a foundation for an insanity defense without expert testimony. Justice Hoffman wrote...
Procedural Bars and Fundamental Unfairness
On July 14, 2026, the New Jersey Supreme Court decided the Somerset County case of State v. Arthur Wildgoose. The principal issue under N.J.S.A. 2C:14-2 concerned whether it would be fundamentally unjust to procedurally bar regarding the defendant’s plea offer and...
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...
