Oscar Poteet v. William Fauver, Warden, New Jersey State Prison

OPINION OF THE COURT

ALDISERT, Circuit Judge.

This appeal poses the question whether the state sentencing judge subjected appellant to an additional penalty because he refused to admit his guilt following a jury verdict of guilty on charges of armed robbery. If the sentence were so increased, a proper claim of punishment without due process of law would be established, entitling appellant to relief. Although severely critical of the allocution preceding the sentence, the Supreme Court of New Jersey nevertheless declined to grant post-conviction relief. 1 The court below followed suit upon a…