Criminal Law Blog
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....
Causation and Expert Testimony
On May 12, 2026, the New Jersey Supreme Court decided the Union County case of State v. DiNapoli. The principal issues concerned the relevance of the defense expert’s testimony and whether a hearing was required before it could be admitted at trial. Justice Noriega, a...
Restraining Orders and Domestic Violence History
On May 5, 2026, a three-judge appellate panel decided the Camden County case of G.G.S. v. A.C.B. The principal issue under N.J.S.A.2C:25-29 concerned whether the sexual assault at issue warranted a Final Restraining Order when there was non history of domestic...
Reasonable Suspicion
On April 20, 2026, the United States Supreme Court decided the case of District of Columbia v. R.W. The principal issue concerned whether there was reasonable suspicion to justify the stop of the driver. This was a per curiam opinion. Per curiam opinions are supposed...