Criminal Law Blog
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...
Lesser Offenses and Jury Instructions
On January 6, 2026, the New Jersey Supreme Court decided the Mercer County case of State v. Michael Owens. The principal issue under N.J.S.A. 2C:11-4 concerned whether the trial court was required to instruct the jury on the lesser-included offense of passion...
Official Misconduct and Paid Sick Leave
On December 19, 2025, a three-judge appellate panel decided the Essex County case of State v. Anthony Gibson. The principal issue under N.J.S.A. 2C:30-2 concerned whether a public official’s working a separate job while receiving paid sick leave could support an...
Ex Post Facto Violations
On December 17, 2025, a three-judge appellate panel decided the Middlesex County case of State v. K.W. The principal issue under N.J.S.A. 2C:14-2 concerned whether the mistaken application of a statutory amendment that occurred after the alleged offense violated Ex...
Text Messages and Cyber-Harassment
On December 1, 2025, a three-judge appellate panel decided the Middlesex County case of A.C. v. R.S. The principal issues under N.J.S.A. 2C:14-16 concerned whether cyber-harassment could be based on text messages and whether the circumstances of the case supported...
The Confrontation Clause and Child Witnesses
On November 24, 2025, the United States Supreme Court decided the case of Pitts v. Mississippi. The principal issue concerned the Sixth Amendment’s Confrontation Clause. This was a “per curiam” opinion. “Per curiam” opinions are supposed to involve such a...
Shaken Baby Syndrome and Scientific Reliability
On November 20, 2025, the New Jersey Supreme Court decided the Middlesex County case of State v. Darryl Nieves. The principal issue concerned the scientific reliability of testimony regarding Shaken Baby Syndrome / Abusive Head Trauma. Justice Pierre-Louis, my Rutgers...
