Criminal Law Blog
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...
Absconding from Supervised Release
On March 25, 2026, an 8-1 majority of the United States States Supreme Court decided the case of Rico v. U.S. The principal issue concerned whether a defendant’s supervised release could be automatically extended when he absconds. Justice Gorsuch wrote for the Court...
Cell Site Location and Lay Testimony
On April 16, 2026, a unanimous New Jersey Supreme court decided the Cumberland County case of State v. Jule Hannah. The principal issue under Evidence Rule 701 concerned whether a lay witness can testify regarding cell site location information (CSLI) -- specifically,...
Expungements and Outstanding Fines
On April 13, 2026, a three-judge appellate panel decided the Bergen County case of In the Matter of the Expungement of the Criminal/Juvenile Records of R.G.C. The principal issue under N.J.S.A. 2C:52-1 concerned when an expungement could be denied for failure to pay...
The Constitutionality of the Legal Age for Gun Possession
On March 19, 2026, a three-judge appellate panel decided the Hudson County case of State v. Jahmere Glover. The principal issue under N.J.S.A. 2C:58-6.1 concerned the constitutionality of 21 as the minimum age for gun possession. Presiding Judge Gilson wrote for the...
