State v. Melvin, 248 N.J. 321 (2021)

Joseph A. Hayden, Jr. argued before the New Jersey Supreme Court on behalf of amicus curiae ACDL-NJ in two consolidated appeals where the defendants’ sentences were enhanced (extended) when the sentencing judge found that the defendants had actually engaged in criminal conduct, despite the defendants having been acquitted by a jury. Our brief argued that under the Fifth and Sixth Amendments to the United States Constitution, a sentencing court must not be permitted to enhance a defendant’s sentence by making factual findings that directly conflict with the jury verdict. The Court agreed with our argument. Matthew Frisch and Dillon J. McGuire co-authored the briefs.

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