STATE v. GOODWIN


803 A.2d 102 (2002)

173 N.J. 583

STATE of New Jersey, Plaintiff-Appellant, v. David GOODWIN, Defendant-Respondent.

Supreme Court of New Jersey.

Decided August 6, 2002.


Attorney(s) appearing for the Case

Susan B. Gyss, Assistant Prosecutor, argued the cause for appellant (Fred J. Theemling, Jr., Hudson County Prosecutor, attorney).

Frank J. Pugliese, Assistant Deputy Public Defender, argued the cause for respondent (Peter A. Garcia, Acting Public Defender, attorney).

Erik W. Daab, Deputy Attorney General, argued the cause for amicus curiae Attorney General of New Jersey (Peter C. Harvey, Acting Attorney General, attorney).

Lawrence S. Lustberg, Newark and Shavar D. Jeffries, Washington, DC, submitted a letter brief on behalf of amicus curiae Association of Criminal Defense Lawyers of New Jersey (Gibbons, Del Deo, Dolan, Griffinger & Vecchione, attorneys, Newark).


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

This appeal concerns whether the second petition for post-conviction relief brought by defendant, David Goodwin, is barred by Rule 3:22-12. We also must consider whether the nature of the allegations in his petition for post-conviction relief are sufficient to require relaxation of the five-year time bar.

Eight years after he had been sentenced on his convictions...

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