STATE of New Jersey, Plaintiff-Respondent,
v.
Mark MELVIN, Defendant-Appellant.
State of New Jersey, Plaintiff-Appellant,
v.
Michelle Paden-Battle, a/k/a Michelle A. Paden, Mama Michelle, Defendant-Respondent.
Supreme Court of New Jersey.https://leagle.com/images/logo.png
Argued February 1, 2021.
Decided September 23, 2021.
Attorney(s) appearing for the Case
Tamar Y. Lerer , Assistant Deputy Public Defender, argued the cause for appellant in State v. Mark Melvin (A-44-19) ( Joseph E. Krakora , Public Defender, attorney; Tamar Y. Lerer, of counsel and on the briefs).
Matthew E. Hanley , Special Deputy Attorney General/Acting Assistant Prosecutor, argued the cause for respondent in State v. Mark Melvin (A-44-19) ( Theodore N. Stephens, II , Acting Essex County Prosecutor, attorney; Matthew E. Hanley, of counsel and on the briefs).
Emily M.M. Pirro , Special Deputy Attorney General/Acting Assistant Prosecutor, argued the cause for appellant in State v. Michelle Paden-Battle (A-13-20) ( Theodore N. Stephens, II , Acting Essex County Prosecutor, attorney; Emily M.M. Pirro, of counsel and on the briefs).
Molly O'Donnell Meng , Assistant Deputy Public Defender, argued the cause for respondent in State v. Michelle Paden-Battle (A-13-20) ( Joseph E. Krakora , Public Defender, attorney; Molly O'Donnell Meng, of counsel and on the briefs, and Monique Moyse , Designated Counsel, on the briefs).
Sarah D. Brigham , Deputy Attorney General, argued the cause for amicus curiae Attorney General of New Jersey in State v. Mark Melvin (A-44-19) and State v. Michelle Paden-Battle (A-13-20) ( Gurbir S. Grewal , Attorney General, attorney; Sarah D. Brigham, of counsel and on the brief).
Alexander Shalom argued the cause for amicus curiae American Civil Liberties Union of New Jersey in State v. Mark Melvin (A-44-19) and State v. Michelle Paden-Battle (A-13-20) (American Civil Liberties Union of New Jersey Foundation, attorneys; Alexander Shalom, Newark, Jeanne LoCicero , and Karen Thompson , on the brief).
Joseph A. Hayden, Jr. , argued the cause for amicus curiae Association of Criminal Defense Lawyers of New Jersey in State v. Mark Melvin (A-44-19) and State v. Michelle Paden-Battle (A-13-20) ( Pashman Stein Walder Hayden , attorneys; Joseph A. Hayden, Jr., and Dillon J. McGuire , Hackensack, on the brief).
Jonathan Romberg argued the cause for amicus curiae Seton Hall University School of Law Center for Social Justice in State v. Michelle Paden-Battle (A-13-20) (Seton Hall University School of Law Center for Social Justice, attorneys; Jonathan Romberg, of counsel and on the brief).
JUSTICEPIERRE-LOUIS delivered the opinion of the Court.
One of the most important tenets of our criminal justice system is the finality of a jury's verdict of acquittal. These consolidated appeals test that principle through a common legal issue: whether a trial judge can consider at sentencing a defendant's alleged conduct for crimes for which...
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