Anyone who has ever sat through a jury trial knows the level of attention received by the jury. Tremendous care goes into selecting the jury, as is evident by the nature and extent of the questioning of whole panels and individual jurors, and the related decisions that the parties make…
Many attorneys – both defense attorneys and prosecutors – will knowingly try to introduce objectionable material at trial. The reason for this is simple. The attorney believes that the jury has to hear it. It makes a difference in their case, and the effort to introduce it is strategic. Even…
Last year, in State v. RG, our Appellate Division addressed the issue of whether a criminal defendant who is not mentally competent can be involuntarily medicated to restore their competency so that they can proceed with their case. This was the first time a New Jersey appellate court addressed this…
Mississippi has tried Curtis Flowers six times for allegedly murdering four employees at a furniture store. Flowers is black and three of the four alleged victims were white. Mississippi has not been able to convict Flowers because the prosecutor(s) handling each trial are flaming racists who got caught doing something…
Defendants frequently decide to change attorneys while their case is pending before the court. Substitutions of counsel happen very frequently in criminal cases. In fact, it is not uncommon for a criminal defendant to change attorneys repeatedly during the course of their case for any number of reasons. Sometimes, a…
Our Supreme Court decided State v. Brown on February 4, 2019. The case is very significant because it addresses the ongoing issue of the State’s obligation to produce discovery in a timely manner. The facts surrounding the discovery violation and its ramifications in this case are somewhat complex. Suffice it…
Criminal justice reform in New Jersey is now two years old. As we gain more experience with the underlying rules and procedures, it is worth reviewing whether they are achieving their stated goals and the effect they are having on our criminal justice system. State v. Hyppolite, recently decided by…
This past November, the New Jersey Supreme Court decided State v. Kiriakakis. There the Court upheld the constitutionality of a sentence within the range authorized by a jury verdict that included a mandatory period of parole ineligibility, or parole disqualifier. Understanding this holding requires a review of basic sentencing concepts. …
A defendant has the right to address the court at sentencing. Such statements are offered in mitigation of punishment, and typically include acceptance of responsibility and/or some showing of remorse for the underlying conduct. The New Jersey Supreme Court recently addressed the parameters of this right in State v. Jones. …
A state trooper stopped a vehicle on I-295 in Burlington County. The basis for the stop was a damaged tail light. The vehicle, which also changed lanes without signaling, had three occupants – the driver, a front-seat passenger, and a six-year-old child in the back seat. The trooper smelled burnt…