STATE v. CHAVIES

A-25 September Term 2020 084999.

254 A.3d 589 (2021)

247 N.J. 245

STATE of New Jersey, Plaintiff-Respondent, v. David CHAVIES, a/k/a David Q. Chavies, and, Dave Chavies, Defendant-Appellant.

Supreme Court of New Jersey.

Decided July 12, 2021.


Attorney(s) appearing for the Case

John P. Flynn , Assistant Deputy Public Defender, argued the cause for appellant ( Joseph E. Krakora , Public Defender, attorney; John P. Flynn , of counsel and on the briefs).

Joseph Paravecchia , Assistant Prosecutor, argued the cause for respondent ( Angelo J. Onofri , Mercer County Prosecutor, attorney; Randolph E. Mershon, III , Assistant Prosecutor, of counsel and on the briefs, and Laura Sunyak , Assistant Prosecutor, on the briefs).

Alexander Shalom , Newark, argued the cause for amicus curiae American Civil Liberties Union of New Jersey (American Civil Liberties Union of New Jersey Foundation, attorneys; Alexander Shalom and Jeanne LoCicero , on the brief).

Matthew F. Bruno , Florham Park, argued the cause for amici curiae Medical and Public Health Experts (Greenberg Traurig, attorneys; Matthew F. Bruno , of counsel and on the brief).

Frank J. Ducoat , Special Deputy Attorney General/Acting Essex County Assistant Prosecutor, argued the cause for amicus curiae County Prosecutors Association of New Jersey ( Esther Suarez , President, County Prosecutors Association of New Jersey, attorney; Frank J. Ducoat , of counsel and on the brief).

Carol M. Henderson , Assistant Attorney General, argued the cause for amicus curiae Attorney General of New Jersey ( Gurbir S. Grewal , Attorney General, attorney; Carol M. Henderson , of counsel and on the brief).


In this case, the Court determines whether an inmate may be released from prison under Rule 3:21-10(b) when that inmate is still in the process of serving a period of parole ineligibility imposed in accordance with the No Early Release Act (NERA), N.J.S.A. 2C:43-7...

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