Criminal Law Blog
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...
Concessions and Trial Strategy
On October 15, 2025 the United States Supreme Court denied the application for a stay of a death sentence in the case of Crawford v. Mississippi. Justice Alito was presented with the application and denied a writ of certiorari. Justice Sotomayor, joined by Justices...
Prison Construction and Inmates with Mental Health Needs
On November 17, 2025, a 6-3 majority of the United States Supreme Court denied a petition for certiorari in the case of Hutson v. U.S. Justice Gorsuch would grant the petition. Justice Alito, joined by Justice Thomas, dissented from the denial of certiorari in...
Congress and its Power Over Tribal Affairs
On November 10, 2025, the United States Supreme Court denied a petition for a writ of certiorari in the case of Veneno v. U.S. The principal issue concerned the continued validity of an 1886 case that addressed the federal government’s power over American Indian...