Category: Article 1 Paragraph 5

The Law and Trial Strategy in New Jersey Courts

The Law and Trial Strategy, Historic Somerset County Courthouse, State of New Jersey v. Gilmore, Supreme Court of New Jersey, Batson v. Kentucky, Supreme Court of the United States, SCOTUS, Constitution, Constitutional Law, Fourteenth Amendment, 14th Amendment, Equal Protection, New Jersey Constitution, State Constitutional Law, Impartial Jury, Voir Dire, Jury Selection, Trial, Racial Discrimination, Race-Based, Peremptory Challenge, Peremptory Strike, Federalism, Horizontal Federalism, Atlantic County, Bergen County, Burlington County, Camden County, Cape May County, Cumberland County, Essex County, Gloucester County, Hudson County, Hunterdon County, Mercer County, Middlesex County, Monmouth County, Morris County, Ocean County, Passaic County, Salem County, Somerset County, Sussex County, Union County, Warren County, criminal defense, drunk driving, traffic ticket, juvenile, attorney, lawyer, trial attorney, trial lawyerPreviously I blogged about sex- and race-based peremptory strikes under the U.S. and  New Jersey Constitution. Those posts and others have touched on the issue of state constitutions with respect to jurisdictional disputes between SCOTUS and the judiciaries of the 50 states with a focus on New Jersey. These topics can supply engaging reading. Additionally, they provide subject matter for interesting debate and discussion. Significantly, these judicial opinions are the words and actions of a co-equal branch of federal and state government, the court. Thus, they demonstrate how judges exercise power. But none of that is relevant to the law and trial strategy. Read more


State of New Jersey v. Gilmore: The Peremptory Strike and the Right to an Impartial Jury

State of New Jersey v. Gilmore: Procedural History

State of New Jersey v. Gilmore, Supreme Court of New Jersey, New Jersey Constitution, Constitution, Constitutional Law, State Constitutional Law, Impartial Jury, Voir Dire, Jury Selection, Trial, Racial Discrimination, Race-Based, Federalism, Horizontal Federalism, Atlantic County, Bergen County, Burlington County, Camden County, Cape May County, Cumberland County, Essex County, Gloucester County, Hudson County, Hunterdon County, Mercer County, Middlesex County, Monmouth County, Morris County, Ocean County, Passaic County, Salem County, Somerset County, Sussex County, Union County, Warren County, criminal defense, drunk driving, traffic ticket, juvenile, attorney, lawyerAn all-white jury of six men and six women convicted defendant, a black man, of three first-degree robberies of two Hispanic gas station attendants in Union, New Jersey. During jury selection, the white assistant prosecutor removed nine black prospective jurors by challenge for cause and peremptory strike. Defense counsel, a black man, moved for a mistrial because the prosecutor removed the black venirepersons based on their race. Nevertheless, the trial judge overruled defense counsel, relying on Swain v. Alabama 1 and State v. Smith.2

Subsequently, the Appellate Division remanded for the prosecutor to state his reasons for excusing the black jurors. Read more