Supreme Court of New Jersey
State of New Jersey, Plaintiff-Respondent v. Marie Hess, Defendant-Appellant
July 21, 2011207 N.J. 123
Summary
The Supreme Court of New Jersey held that the restrictive plea‑agreement provisions that barred defense counsel from arguing for a lesser sentence violated the defendant’s constitutional right to effective assistance of counsel and were void, granting her a new sentencing hearing. The Court also addressed the admissibility of a victim‑impact video, finding it overly prejudicial but not fatal, and ordered it to be edited on remand. The Court reversed the Appellate Division’s affirmation of the post‑conviction relief denial and remanded for further proceedings. Justice Rivera‑Soto dissented, arguing that the plea‑agreement restrictions were permissible and that the majority’s view of the victim‑impact evidence was misplaced.