Search Rutgers Law Library N.J. Court Opinions

1 A-52-14 -- rank: 1000

... J.S.A. 30:4-123.53(a) (1997) and N.J.S.A. 30:4-123.56(c) (1979), amended by N.J.S.A. 30:4-123.56(c) (1997). Pathway two is when a Board panel recommends ...

docket:	A-52-14
court:	NJ Supreme Court
decided:	2016-02-23
status:
citation:	224 N.J. 213 130 A.3d 1228
Document Size:	112241

2 STEPHEN D. PERRY v. NEW JERSEY STATE -- rank: 984

... parole eligibility because it retroactively applied the amended version of N.J.S.A. 30:4-123.56, which became effective in 1997. Accordingly, we reverse and remand ... a crime he committed prior to the 1997 amendment to N.J.S.A. 30:4-123.56, the Board improperly used the 1997 amendment standard when it ... 53-54 (App. Div. 2016).] The relative amended language of N.J.S.A. 30:4-123.56 became effective August 18, 1997. Our review of the statute ... eligibility. Indeed, the standard prior to the 1997 codification of N.J.S.A. 30:4- - 123.56 permitted the Board to deny parole if it found by ... inmate will violate conditions of parole . . . if released on parole[.]' N.J.S.A. 30:4-123.56. The current statute effectively broadens both the overall discretion of ... for the denial of parole. Thus, the legislative revisions of N.J.S.A. 30:4-123.56 had neither an ameliorative nor a curative function. Therefore, ...

docket:	a1338-17
court:	NJ Superior Court Appellate Division
decided:	2019-05-16
status:	Published
citation:	459 N.J.Super. 186 208 A.3d 439
Document Size:	28574

3 TERRY ORR v. NEW JERSEY STATE PAROLE BOARD -- rank: 977

... circumstances of Cameron's case, and a recent statutory amendment, N.J.S.A. 30:4-123.56, to be inapplicable to Orr. Also in December, Orr sent ... SEVENTY-TWO]-MONTH PAROLE FUTURE ELIGIBILITY TERM IN LIGHT OF N.J.S.A. 30:4-123.56 AND REDUCING THE FUTURE ELIGIBILITY TERM TO THE MAXIMUM FUTURE ... decision in Cameron , supra , and the 2009 legislative amendment to N.J.S.A. 30:4-123.56. In Cameron , we affirmed the Board's denial of appellant ... t]his conclusion is reinforced by the 2009 amendment to N.J.S.A. 30:4-123.56(a), which now precludes the Parole Board from establishing a ... 9 (footnote omitted).] As is apparent, the 2009 amendment to N.J.S.A. 30:4-123.56(a), while not pivotal to the panel's decision, guided ... R. 1:36-3. Further, the 2009 legislative amendment to N.J.S.A. 30:4-123.56(a), which placed a three-year cap on FETs, ...

docket:	a4943-10
court:	NJ Superior Court Appellate Division
decided:	2013-04-22
status:	unpublished
citation:
Document Size:	24307

4 EUGENE BERTA v. NEW JERSEY STATE PAROLE BOARD -- rank: 912

... so that, now, the Board may consider all available information. N.J.S.A. 30:4-123.56(c). Berta argues that the second denial of parole—the ... held that the retroactive application of the 1997 amendment to N.J.S.A. 30:4-123.56(c) 'did not violate the ex post facto clause since ... by the Board even under the pre-1997 version of N.J.S.A. 30:4-123.56(c).' Id. at 611. Berta now claims that our decision ... U.S.C. §1983, the Third Circuit Court of [ N.J.S.A. 30:4-123.56(c) (1979) (emphasis added).] A-1889-20 43 Appeals held ...

docket:	a1889-20
court:	NJ Superior Court Appellate Division
decided:	2022-08-02
status:	Published
citation:
Document Size:	107939

5 DARRYL JINKS v. NEW JERSEY STATE PAROLE BOARD -- rank: 890

... Board. See N.J.S.A. 30:4-123.53; N.J.S.A. 30:4-123.56. Accordingly, in deciding whether appellant has established good cause under ... to a parole release decision following prior denial of parole. N.J.S.A. 30:4-123.56(c). 5 The Board's February 20, 2014, notice of ... on remand determines appellant has not established good cause under N.J.S.A. 30:4-123.56(c), it shall determine if appellant is entitled to a ...

docket:	a3569-14
court:	NJ Superior Court Appellate Division
decided:	2016-12-30
status:	unpublished
citation:
Document Size:	35728

6 RONALD ROBBINS v. NEW JERSEY STATE PAROLE BOARD -- rank: 848

... thirty-six months or less, based on an amendment to N.J.S.A. 30:4-123.56, which precluded the Board from establishing an FET that is ... Robbins' application. The Board stated that that the amendment to N.J.S.A. 30:4-123.56 did not apply because it was enacted after the Board ... three years or less, based on the 2009 amendment to N.J.S.A. 30:4-123.56. The scope of our review is limited to determining whether ... Board pointed out in its decision, the 2009 amendment to N.J.S.A. 30:4-123.56 did not, by its terms, require it to reduce an ... to shorten the FET, legislation was enacted which again amended N.J.S.A. 30:4-123.56 and deleted the three-year limit on FETs. L. 2011 ... § 1, effective May 9, 2011. Therefore, Robbins' claim that N.J.S.A. 30:4-123.56 requires the reduction of his FET is entirely without ...

docket:	a3625-10
court:	NJ Superior Court Appellate Division
decided:	2013-04-30
status:	unpublished
citation:
Document Size:	17499

7 /usr/local/share/www/libweb/collections/courts/appellate/a1576-20.opn.html -- rank: 833

... the incorrect statutory standard by retroactively applying a version of N.J.S.A. 30:4-123.56 that became effective after Perry's sentences were imposed. Id ... would commit a new crime if paroled - the standard of N.J.S.A. 30:4- 123.56 in effect when Perry was sentenced. It performed a PED ... inmate and the need for continued incapacitation of the inmate.' N.J.S.A. 30:4-123.56(a). The imposition of Perry's 216-month FET was ... own schedule like subsection (a) of the regulation. He asserts N.J.S.A. 30:4-123.56(a) requires the Board to develop FET schedules and therefore ... PEDs] for adult inmates denied release at their eligibility date.' N.J.S.A. 30:4-123.56(a). Moreover, although there is a right to judicial review ... the prior criminal record, and the need for continued incarceration. N.J.S.A. 30:4-123.56(a). As the Board also notes, N.J.A. ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	26217

8 WILLIE WILLIAMS v. NEW JERSEY STATE PAROLE BOARD -- rank: 810

... J.S.A. 30:4-123.52(c). POINT IV N.J.S.A. 30:4-123.56(b) AND N.J.A.C. 10A:71-3.21 ... arguments claiming deprivation of due process and his assertion that N.J.S.A. 30:4-123.56(b) and N.J.A.C. 10A:71-3.21 ... the term was permissible. As authorized by the applicable statute, N.J.S.A. 30:4-123.56, a schedule of presumptive FETs was implemented. 3 N.J ... 123.59] if released on parole at that time. 2 N.J.S.A. 30:4-123.56(b) articulates that an FET must be established upon denial ...

docket:	a1201-09
court:	superior court appellate division
decided:	2011-02-02
status:	Unpublished
citation:
Document Size:	26482

9 MAURICE ESPINO v. NEW JERSEY STATE PAROLE BOARD -- rank: 806

... S.A. 30:4-123.53(a) (1979); see also N.J.S.A. 30:4-123.56(c) (1979) (substantially similar).] Thus, under the statute in effect ... commit a crime . . . if released on parole at such time.' N.J.S.A. 30:4-123.56(c) (1984) (emphasis added). The Parole Act was amended in ... regarding the information used in the parole release decision. See N.J.S.A. 30:4-123.56(c) (2018). A-3372-17T4 12 Accordingly, under the statute ...

docket:	a3372-17
court:	NJ Superior Court Appellate Division
decided:	2019-10-30
status:	Unpublished
citation:
Document Size:	25270

10 FRANK HUBBARD v. NEW JERSEY STATE PAROLE BOARD -- rank: 784

... following arguments: i. the parole board is in violation of N.J.S.A. 30:4-123.56(c). ii. the parole board's use of inadequate parole ... at 25. Hubbard argues that the Board's decision violated N.J.S.A. 30:4-123.56(c), as the Board did not rely on "new" information ... the initial denial of parole in 2006. Prior to 1997, N.J.S.A. 30:4-123.56(c) addressed the criteria for considering parole after an initial ... time. [L. 1979, c. 441, § 12 (then codified at N.J.S.A. 30:4-123.56(c)).] In 1997, the Legislature adopted various amendments to the ... reasonable expectation that the inmate will violate conditions of parole[.]" N.J.S.A. 30:4-123.56(c), as amended, provides: An inmate shall be released on ...

docket:	a0205-12
court:	NJ Superior Court Appellate Division
decided:	2014-03-10
status:	unpublished
citation:
Document Size:	23316

11 THOMAS TRANTINO VS NEW JERSEY STATE PAROLE BOARD -- rank: 723

... the inmate must be released on parole. That is what N.J.S.A. 30:4-123.56 expressly requires in respect of 2C inmates. I acknowledge that ...

docket:	a4790-94
court:	njappellate
decided:	1997-01-15
status:	published
citation:	296 N.J.Super. 437
Document Size:	128565

12 THOMAS TRANTINO VS NEW JERSEY STATE PAROLE BOARD -- rank: 723

... the inmate must be released on parole. That is what N.J.S.A. 30:4-123.56 expressly requires in respect of 2C inmates. I acknowledge that ...

docket:	a4788-94
court:	njappellate
decided:	1997-01-15
status:	published
citation:	296 N.J.Super. 437
Document Size:	128583

13 KEVIN STOUT v. NEW JERSEY STATE PAROLE BOARD -- rank: 689

... argues that our determination should apply the 2010 amendment to N.J.S.A. 30:4-123.56(a), which precluded the Board from establishing a future parole ... not appropriate under any circumstances. However, the Legislature recently revised N.J.S.A. 30:4-123.56(a) to remove the three-year cap on FETs. 2 ...

docket:	a5064-09
court:	NJ Superior Court Appellate Division
decided:	2011-05-25
status:	unpublished
citation:
Document Size:	27418

14 CHRISTOPHER RIGHETTI v. NEW JERSEY STATE PAROLE BOARD -- rank: 689

... V was based on an amendment to the governing statute ( N.J.S.A. 30:4-123.56(a), as amended by L. 2009, c. 330, § 6 ... a) (1979), amended by L. 1997, c. 213, § 1; N.J.S.A. 30:4-123.56(c) (1979), amended by L. 1997, c. 213, § 2 ... the currently governing statute allows FETs longer than three years. N.J.S.A. 30:4-123.56(c). Consequently, when the three-member panel and the full ... Facto Clause when it examined his whole record pursuant to N.J.S.A. 30:4-123.56(c), as amended by L. 1997, c. 213, § 2 ...

docket:	a2942-13
court:	NJ Superior Court Appellate Division
decided:	2016-07-08
status:	unpublished
citation:
Document Size:	21151

15 HENRY SMITH v. NEW JERSEY STATE PAROLE BOARD -- rank: 655

... a) (1979), amended by L. 1997, c. 213 § 1; N.J.S.A. 30:4-123.56(c) A-0369-19T1 5 (1979), amended by L. 1997 ...

docket:	a0369-19
court:	NJ Superior Court Appellate Division
decided:	2020-11-18
status:	Unpublished
citation:
Document Size:	13786