State of New Jersey, Plaintiff-Appellant v. Waverly Lark, Defendant-Respondent

Summary

The Supreme Court of New Jersey reversed the Appellate Division and held that the rule announced in State v. Howard requiring courts to inform defendants of the parole consequences of an Avenel sentence applies retroactively only to the Howard defendant and to cases pending when Howard was decided that have not yet exhausted direct review. The Court limited the retroactive effect of Howard, rejecting the Appellate Division's broader application. Justice Clifford, concurring, argued that Howard does not create a new rule and therefore the issue was waived on direct appeal and should not be considered on collateral review.