STATE v. MITCHELL


126 N.J. 565 (1992)

601 A.2d 198

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. DARRELL MITCHELL, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided January 28, 1992.


Attorney(s) appearing for the Case

Mark E. Bailey, Deputy Attorney General, argued the cause for appellant (Robert J. Del Tufo, Attorney General of New Jersey, attorney; Cherrie Madden Black, Deputy Attorney General, of counsel and on the brief).

Theresa Y. Kyles, Assistant Deputy Public Defender, argued the cause for respondent (Wilfredo Caraballo, Public Defender, attorney; Ruthann Russo, Designated Counsel, of counsel and on the brief).


The opinion of the Court was delivered by GARIBALDI, J.

This appeal concerns whether the petition for post-conviction relief brought by defendant, Darrell Mitchell, is barred by Rules 3:22-12 and 3:22-4. Six-and-a-half years after he had been sentenced on his guilty plea to felony-murder, Mitchell petitioned for post-conviction relief. His petition was thus filed well beyond the five-year deadline established by Rule 3:22-12. Moreover, in contravention...

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