No. 22-7160

Daniel J. Rios v. New Jersey

Lower Court: New Jersey
Docketed: 2023-03-30
Status: Denied
Type: IFP
IFP
Tags: appellate-procedure constitutional-challenge court-rule criminal-sentencing due-process federal-case-law post-conviction-relief post-conviction-review rehabilitation rehabilitative-efforts sentencing state-court-decisions
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2023-06-01
Question Presented (from Petition)

1. Whether Rule 3:21-10(b) authorizes a reviewing court to reconsider a sentence based upon post-conviction rehabilitative efforts pursuant to establish case law and statute?

2. Whether the State Court decisions were contrary to the following cases, statutes: Graham v. Florida, 560 U.S. 48 (2010); Miller v. Alabama, 567 U.S. (2012); United States v. Sally, 116 F.3d 76 (3rd Cir. 1997); State v. Case, 220 N.J. 49 (2014); State v. Jaffe, 220 N.J. 114 (2014) and N.J.S.A. 2C:1-2(b)(2)?

3. Whether or not New Jersey Court Rule 3:21-10(b) is Unconstitutional as it does not provide an actual subsection that allows a proper review of Post-conviction rehabilitative efforts even if a Appellant's Motion is not preceded by a remand?

Question Presented (AI Summary)

Whether Rule 3:21-10(b) authorizes a reviewing court to reconsider a sentence based upon post-conviction rehabilitative efforts

Docket Entries

2023-06-05
Petition DENIED.
2023-05-17
DISTRIBUTED for Conference of 6/1/2023.
2023-03-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 1, 2023)

Attorneys

Daniel J. Rios
Daniel J. Rios — Petitioner