State v. Goodwin

The opinion of the Court was delivered by

ZAZZALI, J.

This appeal concerns whether the second petition for post-conviction relief brought by defendant, David Goodwin, is barred by Rule 3:22-12. We also must consider whether the nature of the allegations in his petition for post-conviction relief are sufficient to require relaxation of the five-year time bar.

Eight years after he had been sentenced on his convictions of felony murder, armed robbery and unlawful possession of a hand gun, defendant filed this second petition for post-conviction relief. His petition was filed well beyond the…