State v. Burstein

I have previously expressed at length my views on the issue of whether particular judicial decisions affecting the rights of criminal defendants should receive limited retroactivity. State v. Carpentieri, 82 N.J. 546, 556 (1980) (Pashman, J., dissenting); State v. Howery, 80 N.J. 563, 575 (Pashman, J., dissenting), cert. denied, 444 U.S. 994, 100 S.Ct. 527, 62 L.Ed.2d 424 (1979). Because the reasons I found in Carpentieri and Howery for limited retroactive application of the rules at issue there apply as well to the rule announced by this Court in State v. Cerbo, 78 N.J. 595 (1979), I…