State v. Rahee Lane (085726) (Essex County & Statewide)

Summary

The Supreme Court of New Jersey held that the amendment adding mitigating factor fourteen to N.J.S.A. 2C:44-1(b) applies only prospectively and cannot be applied retroactively to defendants sentenced before the amendment’s effective date, even when their direct appeals were pending. The Court affirmed the Appellate Division’s judgment. Justice Albin dissented in part, arguing that appellate courts should be able to consider the new factor in cases where the original sentence was clearly excessive.