State of New Jersey, Plaintiff-Respondent v. Robert G. Schmidt, Defendant-Appellant

Summary

The Supreme Court of New Jersey held that a criminal conviction cannot be sustained on a theory of liability that was not presented to the jury, reversing the Appellate Division's affirmation of the defendant's possession convictions and remanding for resentencing on the conspiracy conviction. The Court emphasized the Sixth Amendment right to a jury trial and required proper jury instruction on the theory of vicarious conspiratorial liability. A dissent argued that the evidence was sufficient to support a jury instruction on constructive possession and would have affirmed the convictions.