Legal Opinion

State v. Jackson

New Jersey Superior Court Appellate Division

Decided April 30, 2018No. DOCKET NO. A–1884–16T2PublishedCited by 64 opinions

1Opinion of the Court

LEONE, J.A.D.

*287Defendant Allaquan Jackson appeals the August 16, 2016 order denying his second petition for post-conviction relief (PCR). Defendant asserted his first PCR counsel was ineffective for not claiming trial counsel was ineffective regarding a potential witness.

*288We hold that defendant's second petition was untimely under Rule 3:22-12(a)(2)'s time limits. Those limits cannot be relaxed by invoking Rule 1:1-2 or Rule 3:22-12(a)(1), because the Supreme Court in 2009 and 2010 amended Rule 1:3-4, Rule 3:22-4(b), and Rule 3:22-12 to preclude enlargement or relaxation. Those amendments apply…

2Cases cited27 opinions

  1. State v. HarrisSupreme Court of New Jersey · 2004
  2. State v. MitchellSupreme Court of New Jersey · 1992
  3. State v. AfanadorSupreme Court of New Jersey · 1997
  4. Farrell v. Votator Division of Chemetron Corp.Supreme Court of New Jersey · 1973
  5. State v. BrewsterNew Jersey Superior Court Appellate Division · 2013

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3Cited by64 opinions

  1. CENTENO v. JOHNSONDistrict Court, D. New Jersey · 2022
  2. GEORGES v. FIOIREDistrict Court, D. New Jersey · 2023
  3. IN RE THE MATTER OF ALEX RODRIGUEZ (94-09-1065, PASSAIC COUNTY AND STATEWIDE) (RECORD IMPOUNDED)New Jersey Superior Court Appellate Division · 2021
  4. STATE OF NEW JERSEY VS. ABDUL J. WEBSTER (11-08-1342, HUDSON COUNTY AND STATEWIDE)New Jersey Superior Court Appellate Division · 2019
  5. STATE OF NEW JERSEY VS. AKBAR SALAAM (10-07-1670, ATLANTIC COUNTY AND STATEWIDE)New Jersey Superior Court Appellate Division · 2021

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