State v. Melvin
| Decision Date | 31 January 2020 |
| Docket Number | 083298,C-458 September Term 2019 |
| Citation | 240 N.J. 549,223 A.3d 608 (Table) |
| Parties | STATE of New Jersey, Plaintiff-Respondent, v. Mark MELVIN, Defendant-Petitioner. |
| Court | New Jersey Supreme Court |
ORDER
A petition for certification of the judgment in A-004632-17 having been submitted to this Court, and the Court having considered the same;
It is ORDERED that the petition for certification is granted, limited to the issue of whether the sentencing judge could consider defendant's conduct even though the jury acquitted defendant of the underlying crimes; and it is further
ORDERED that the appellant may serve and file a supplemental brief on or before March 16, 2020, and respondent may serve and file a supplemental brief thirty (30) days after the filing of appellant's supplemental submission, or, if appellant declines to file such a submission, on or before April 15, 2020.
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3 cases
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State v. Melvin
...a trial judge can consider at sentencing a defendant's alleged conduct for crimes for which a jury returned a not guilty verdict. In State v. Melvin, the jury found Melvin guilty of second-degree unlawful possession of a handgun and, after two trials, not guilty of the most serious charges ......
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State v. Paden-Battle
...was dispositive, the Court would not have had to grant certification in another case to resolve this very issue. See State v. Melvin, 240 N.J. 549, 223 A.3d 608 (2020), granting certification in State v. Melvin, No. A-4632-17, 2019 WL 2910738 (App. Div. July 8, 2019). The Court's order gran......
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State v. Melvin
...of whether the sentencing judge could consider defendant's conduct even though the jury acquitted defendant of the underlying crimes." 240 N.J. 549 (2020). In State v. Paden-Battle, Paden-Battle was indicted in connection with the murder of Regina Baker for offenses including kidnapping, mu......