Criminal Law Blog
Out-of-State Sex Offenses
On February 23, 2026, a three-judge appellate panel decided the Hudson County case of State v. Norman Millner. The principal issue under N.J.S.A. 2C:7-2 concerned whether defendants have a right to challenge the State’s interpretation of an out-of-state sex offense...
Aggravating Factor One and Double-Counting
On February 24, 2026, a three-judge appellate panel decided the Essex County case of State v. Gualberto Lebron. A principal issue under N.J.S.A. 2C:44-1 concerned the propriety of applying aggravating factor one to the defendant’s murder sentence. Aggravating factor...
Passion Provocation Manslaughter
On February 24, 2026, a three-judge appellate panel decided the Essex County case of State v. Gualberto Lebron. The principal issue under N.J.S.A. 2C:11-4 concerned the propriety of the trial court’s refusal to charge the jury on passion provocation manslaughter as an...
Challenging ADTC Classifications
On October 10, 2025, Judge Fritch of the Ocean County Superior Court, Law Division (Criminal Part) decided the case of State v. Edward Lynch, Jr. This is a rare, published Law Division decision. Published decisions are usually reserved for Appellate Division and...
Restraining Order Decisions and Adequacy of Analysis
On February 10, 2026, a three-judge appellate panel decided the Camden County case of S.M.T. v. S.A. The principal issue under N.J.S.A. 2C:25-29 concerned the adequacy of the trial court’s conclusions of fact and law in denying a final restraining order. Judge Berdote...
Restraining Orders and Children in Common
On November 18, 2025, a three-judge appellate panel decided the Essex County case of C.J.S. v. A.S. The principal issue under N.J.S.A. 2C:14-13 was whether a defendant step-parent barred from contact with the plaintiff’s children had a “child in common” relationship...
The Federal Emergency Aid Warrant Exception
On January 14, 2026, a unanimous United States Supreme Court decided the case of Case v. Montana. The principal issue concerned application of the “emergency aid” exception to the warrant requirement. The case was decided under Fourth Amendment grounds. The Fourth...
Exigent Circumstances and Fire
On December 4, 2025, a unanimous New Jersey Supreme Court decided the Monmouth County case of State v. Paul Caneiro. The principal issue concerned application of the exigent circumstances exception to the warrant requirement during an active fire. Justice Fasciale...
Parole Supervision Credits
On October 29, 2025, a three-judge appellate panel decided the case of Jean Clau S. Wright v. State Parole Board. The principal issue under N.J.S.A. 2C:43-7.2 concerned whether the petitioner’s mandatory parole supervision (MPS) term began during his immigration...
Lesser Offenses and Multiple Punishments
On January 14, 2026, the United States Supreme Court decided the case of Barrett v. U.S. The principal issue related to N.J.S.A. 2C:1-8 concerned the constitutionality of multiple punishments for an offense and its lesser-included offense. Justice Jackson wrote for...