Criminal Law Blog
Congress and its Power Over Tribal Affairs
QUENTIN VENENO, JR. v. UNITED STATES ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT No. 24–5191. Decided On November 10, 2025, the United States Supreme Court denied a petition for a writ of certiorari in the case of...
The Compassionate Release Act and Physical Exams
On July 28, 2025, the New Jersey Supreme Court decided the case of M.R. v. Department of Corrections. The principal issue concerned whether a physical examination is required for a medical diagnosis to be rendered regarding the Compassionate Release Act. Justice...
Parole and Ex Post Facto Laws
On August 11, 2025, a 6-1 majority of the New Jersey Supreme Court decided the case of Krug v. State Parole Board. The principal issue concerned ex post facto prohibitions and an amendment to the Parole Act of 1948. An "ex post facto" law is a law makes a past lawful...
Execution Methods and the Eighth Amendment
On October 23, 2025, a6-3 majority of the U.S. Supreme Court denied a stay of execution application in the case of Boyd v. Hamm. Justice Sotomayor, joined by Justices Kagan and Jackson dissented in relevant part: Take out your phone, go to the clock app, and find the...
The Compassionate Release Act
On January 13, 2025, a unanimous New Jersey Supreme Court decided the Passaic County case of State v. Celestine Payne. The principal issue concerned whether the trial court abused its discretion in denying Celestine Payne’s petition for release under the...
Empaneling Special Grand Juries
On June 16, 2025, a unanimous New Jersey Supreme Court decided the Camden County case of In re the Matter Concerning the State Grand Jury (A-15-24) (089571). The principal issue concerned a trial court’s declining to empanel a special grand jury and finding that an...
Warrantless Searches of Vehicles at Police Headquarters
On July 30, 2025, the New Jersey Supreme Court decided the Salem County case of State v. Shawn Fenimore. The principal issue concerned the automobile exception to the warrant requirement under the New Jersey State Constitution. Justice Wainer Apter wrote for the...
The Prior Domestic Violence Aggravating Factor
On September 29, 2025, a three-judge appellate panel decided the Monmouth County case of State v. R.A.M. The principal issue under N.J.S.A. 2C:44-1 concerned the applicability of aggravating factor 15 to a domestic violence conviction. Judge Perez Friscia wrote for...
Ghost Guns
On August 12, 2025, a three-judge appellate panel decided the Mercer County case of State v. Malihki Oliver. The principal issue under N.J.S.A. 2C:1-3 concerned the legality of transporting and assembling “ghost gun” kits in New Jersey that were legally purchased in...
Graves Act Waivers and Standards of Review
On August 6, 2025, a unanimous New Jersey Supreme Court decided the Salem County case of State v. Delshon Taylor. The principal issue under N.J.S.A. 2C:43-6.2 concerned the standard of review of a prosecutor’s denial of a Graves Act waiver. Justice Pierre-Louis, my...