State v. Randolph

The majority holds that defendant Buddy Randolph should have been permitted to present rehabilitation evidence to the trial court following the Appellate Division’s remand. Its decision is premised upon a broad construction of the Appellate Division’s order directing the trial court to conduct a new sentencing proceeding. The majority concludes that the Appellate Division intended that the trial court conduct an unlimited resentencing on remand, and that defendant consequently was entitled to offer evidence of his post-conviction rehabilitation at his resentencing hearing.

I agree with the…