[Download] "State V. Mitchell" by New Jersey Supreme Court ~ eBook PDF Kindle ePub Free
eBook details
- Title: State V. Mitchell
- Author : New Jersey Supreme Court
- Release Date : January 28, 1992
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
I concur only in the judgment of the Court. In view of the majority opinion's thoughtful and painstaking Discussion of the merits, ante at 581-583, 601 A.2d at 206-207, the opinion's assertion that "we do not reach the merits of [petitioner's] claim," ante at 589, 601 A.2d at 210, is indeed perplexing. When, as in this case, the merits must be addressed to determine whether any of the relevant exceptions to Rule 3:22-4 is applicable, the denial of post-conviction relief should be based both on the Rule and on the determination that defendant has established neither fundamental inJustice nor a denial of his constitutional rights.