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STATE v. MILNE

842 A.2d 140 (2004)

178 N.J. 486

STATE of New Jersey, Plaintiff-Appellant, v. Shawn MILNE, Defendant-Respondent.

Supreme Court of New Jersey.

Decided March 2, 2004.

Attorney(s) appearing for the Case

Lisa Sarnoff Gochman, Deputy Attorney General, argued the cause for appellant (Peter C. Harvey, Attorney General of New Jersey, attorney).

Mark A. Berman, Newark, argued the cause for respondent (Gibbons, Del Deo, Dolan, Griffinger & Vecchione, attorneys).

Robert L. Sloan, Assistant Deputy Public Defender, argued the cause for amicus curiae, Office of the Public Defender (Yvonne Smith Segars, Public Defender, attorney).

Justice VERNIERO delivered the opinion of the Court.

The subject of this criminal appeal is defendant's second petition for post-conviction relief (PCR). The trial court denied the petition after concluding that defendant had filed it over ten years after the underlying conviction and over five years after the relevant case law allowed him to seek relief. The Appellate Division remanded the matter to the trial court with...

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