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STATE v. EISENMAN

153 N.J. 462 (1998)

710 A.2d 441

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. DAVID EISENMAN, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided May 14, 1998.

Attorney(s) appearing for the Case

Susan Brody, Assistant Deputy Public Defender, argued the cause for appellant (Ivelisse Torres, Public Defender, attorney; Ms. Brody and Barbara A. Hedeen, Assistant Deputy Public Defender, on the briefs).

Paul H. Heinzel, Deputy Attorney General, argued the cause for respondent (Peter Verniero, Attorney General of New Jersey, attorney).

The opinion of the Court was delivered by STEIN, J.

This appeal presents two issues for resolution. The first, whether defendant's criminal prosecution for absconding from parole is barred by principles of double jeopardy and fundamental fairness because of the Parole Board's prior revocation of his parole for substantially the same conduct, is virtually indistinguishable from the issue raised and resolved in State v....

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