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

State of New Jersey v. Gilmore: Procedural History

An 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

Using The Law: The Exercise of Judicial Power

I have blogged about New Jersey v. T.L.O.¹, Michigan v. Long², and State of New Jersey v. Lund.³ Those blog posts explained the holding and reasoning of the majority in each case. This post, however, will go to the heart of judicial power: using the law. Nowadays this issue seems to be especially important. Indeed, the news extensively covered one of President Trump’s executive orders banning Muslims from entering the United States. And after Trump criticized a judge for blocking the order, some people defended that judge and the judiciary as an independent branch of government.

Known as “Separation of Powers” doctrine, Read more

State of New Jersey v. Lund: State and Federal Constitutions in Lockstep

Previously I blogged about Michigan v. Long.¹ The Supreme Court of the United States (SCOTUS) broke new ground under federal law with respect to two issues in Long: SCOTUS review of state court decisions, and Terry searches of cars. With respect to its jurisdiction to review decisions based on adequate and independent state grounds, SCOTUS articulated a “plain statement” rule for state courts to follow. Additionally, with respect to the Fourth Amendment, SCOTUS applied Terry v. Ohio ² to protective searches of cars, requiring proof of a reasonable belief about the presence of weapons. This blog post will look at Read more

Standing—Getting Your Client His Day in Court

Standing

This entry will explain New Jersey and Federal law as each relates to suppression motion standing.

First, this will set forth the general standards under state law.

Next, this will explain standing under federal law.

Finally, this will define the particular categories for standing under state law. Read more

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Tag: New Judicial Federalism