STATE OF NEW JERSEY VS. BRIAN A. GREEN
A-2656-12T3
In this appeal from a conviction for possession of marijuana with intent to distribute, we address the question of whether the holding in State v. Cain, 224 N.J. 410 (2016), should be applied retroactively to cases still pending on appeal.
Based upon our review of the language used by the Supreme Court in Cain and in State v Simms, 224 N.J. 393 (2016), as well as other post-Odom decisions by the Court, we conclude Cain's holding must be given pipeline retroactivity, and applied to all cases pending on direct appeal.
