State of New Jersey, Plaintiff-Respondent v. Richard A. Howery, Defendant-Appellant

Summary

The Supreme Court of New Jersey affirmed Howery's convictions, holding that the Franks v. Delaware rule permitting veracity challenges to search warrants applies only prospectively and therefore does not apply to the warrant at issue; the alleged misstatements in the affidavit were not material to probable cause. Justice Pashman dissented, arguing that Franks should apply retroactively to cases still pending direct review and that the court should remand for a Franks hearing.