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Wednesday, May 17, 2017

State v. Rodney J. Miles a/k/a Jamal D. Allen (A-72-15;

State v. Rodney J. Miles a/k/a Jamal D. Allen
          (A-72-15; 077035)
          New Jersey now joins the majority of jurisdictions in
          returning to the Blockburger same-elements test as the
          sole test for determining what constitutes the “same
          offense” for purposes of double jeopardy.  In the
          interest of justice, the Court applied both the same-
          elements test and the now-replaced same-evidence test in
          this case; going forward, for offenses committed after
          the issuance of this opinion, the same-elements test
          will serve as the singular framework for determining
          whether two charges are the same offense for purposes of
          double-jeopardy analysis.