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STATE v. ZUBER

No. A-54 September Term 2015, No. A-63 September Term 2015, Nos. 076806, 077318.

152 A.3d 197 (2017)

227 N.J. 422

STATE of New Jersey, Plaintiff-Respondent, v. Ricky ZUBER, Defendant-Appellant. State of New Jersey, Plaintiff-Appellant, v. James Comer, Defendant-Respondent.

Supreme Court of New Jersey.

Decided January 11, 2017.

Attorney(s) appearing for the Case

James K. Smith, Jr. , Assistant Deputy Public Defender, argued the cause for appellant in State v. Ricky Zuber ( Joseph E. Krakora , Public Defender, attorney).

Frank J. Ducoat , Special Deputy Attorney General/Acting Assistant Prosecutor, argued the cause for appellant in State v. James Comer and for respondent in State v. Ricky Zuber ( Carolyn A. Murray , Acting Essex County Prosecutor, attorney; LeeAnn Cunningham and Andrew R. Burroughs , Special Deputies Attorney General/Acting Assistant Prosecutors, on the briefs).

Lawrence S. Lustberg argued the cause for the respondent in State v. James Comer (Gibbons, attorneys; Mr. Lustberg, Avram D. Frey , and Alexander R. Shalom on the brief).

Alexander R. Shalom argued the cause for amicus curiae American Civil Liberties Union of New Jersey in State v. Ricky Zuber ( Edward L. Barocas , Legal Director, and Gibbons, attorneys; Mr. Shalom, Lawrence S. Lustberg , and Avram D. Frey , on the brief).

Joseph A. Glyn , argued the cause for amicus curiae Attorney General of New Jersey in State v. Ricky Zuber and State v. James Comer ( Christopher S. Porrino , Attorney General, attorney).

Jonathan Romberg submitted a brief on behalf of amicus curiae Seton Hall University School of Law Center for Social Justice in State v. Ricky Zuber.

James I. McClammy submitted a brief on behalf of amicus curiae Fair Punishment Project in State v. James Comer (Davis Polk & Wardwell, attorneys).

The defendants in these appeals committed very serious, violent crimes when they were juveniles. One is serving a sentence of 110 years' imprisonment and will not be eligible for parole until he spends 55 years in jail. At that time, he would be about 72 years old. The second is serving a...

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