STATE v. HESTER

Docket Nos. A-0068-16T1, A-0069-16T1, A-0070-16T1, A-0071-16T1.

157 A.3d 865 (2017)

449 N.J. Super. 314

STATE of New Jersey, Plaintiff-Appellant, v. Melvin HESTER, Defendant-Respondent. State of New Jersey, Plaintiff-Appellant, v. Mark Warner, Defendant-Respondent. State of New Jersey, Plaintiff-Appellant, v. Anthony McKinney, Defendant-Respondent. State of New Jersey, Plaintiff-Appellant, v. Linwood Roundtree, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided March 23, 2017.


Attorney(s) appearing for the Case

Frank J. Ducoat , Special Deputy Attorney General/Acting Assistant Prosecutor, argued the cause for appellant ( Carolyn A. Murray , Acting Essex County Prosecutor, attorney; Mr. Ducoat, of counsel and on the briefs).

Molly O'Donnell Meng , Assistant Deputy Public Defender, argued the cause for respondents Melvin Hester, Mark Warner, and Anthony McKinney ( Joseph E. Krakora , Public Defender, attorney; Ms. Meng, of counsel and on the briefs).

James K. Smith, Jr. , Assistant Deputy Public Defender, argued the cause for respondent Linwood Roundtree ( Joseph E. Krakora , Public Defender, attorney; Mr. Smith, of counsel and on the brief).

Before Judges Yannotti, Fasciale and Gilson.


The opinion of the court was delivered by

These four cases, which we have consolidated in rendering this opinion, involve application of the Ex Post Facto Clauses of the United States and New Jersey Constitutions. The State appeals from orders dismissing indictments against Melvin Hester (Hester), Mark Warner (Warner), Anthony...

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