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STATE v. FORTIN

A-27 September Term 2008

969 A.2d 1133 (2009)

198 N.J. 619

STATE of New Jersey, Plaintiff-Appellant, v. Steven R. FORTIN, Defendant-Respondent.

Supreme Court of New Jersey.

Decided May 12, 2009.

Attorney(s) appearing for the Case

Nancy A. Hulett, Assistant Prosecutor, argued the cause for appellant (Bruce J. Kaplan, Middlesex County Prosecutor, attorney).

Jacqueline E. Turner, Assistant Deputy Public Defender, argued the cause for respondent (Yvonne Smith Segars, Public Defender, attorney).

Justice WALLACE delivered the opinion of the Court.

The issue in this appeal is whether the application to defendant of a recent amendment to N.J.S.A. 2C:11-3, which eliminated the death penalty and imposed a sentence of life without parole for certain murders, violates the Ex Post Facto Clause of the United States and New Jersey Constitutions. In 1995, defendant was charged with a capital murder committed the previous year. He subsequently was convicted...

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