Legal Opinion · Dissent

State v. Fortin

Supreme Court of New Jersey

Decided May 12, 2009No. A-27 September Term 2008Published

1DissentJustice Albin

Defendant Steven Fortin has been convicted of a savage and vile crime. But even the most despised of criminal defendants is entitled to the protections afforded by our constitution. Today, in clear violation of the Ex Post Facto Clauses of the Federal and State Constitutions, the majority allows defendant to be punished under a newly enacted and judicially reconfigured sentencing law that did not exist at the time defendant murdered his victim. Although no one will shed a tear for this defendant who is now exposed to a sentence greater than the one permitted under the law existing when he…

2Cases cited7 opinions

  1. Weaver v. GrahamSupreme Court of the United States · 1981
  2. Miller v. FloridaSupreme Court of the United States · 1987
  3. Lindsey v. WashingtonSupreme Court of the United States · 1937
  4. State v. NataleSupreme Court of New Jersey · 2005
  5. State v. FortinSupreme Court of New Jersey · 2004

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