State of New Jersey, Plaintiff-Respondent v. Marie Hess, Defendant-Appellant

Summary

The Supreme Court of New Jersey held that the restrictive plea‑agreement provisions that barred defense counsel from arguing for a lesser sentence denied Marie Hess effective assistance of counsel at sentencing, rendering those provisions void. The Court reversed the Appellate Division and remanded for a new sentencing hearing or a vacated plea. Justice Rivera‑Soto dissented, arguing the plea agreement was valid and that the majority’s new rule was unwarranted.