Post-Conviction relief

April 30, 2019

Post-Conviction Relief: Getting Around the Five Year Time Bar

Post-conviction relief in New Jersey is often fraught with many difficulties, making it one of the most challenging areas of the law to practice in. One of its most challenging aspects is the five year time bar under New Jersey Court Rule 3:22-1. The relaxing of that time bar, which is under the legal concept of “excusable neglect” pursuant to N.J.C.R. 3:22-12(a), is one of the most hotly contested aspects of post-conviction relief petitions.

Having handled hundreds of post-conviction relief petitions over the years, I have seen a varied treatment of the time bar among the judges. Some judges give little leeway to litigants filing for post-conviction after the five year time bar whereas others are more sympathetic to relaxing the restrictions, particularly if the post-conviction relief concerns immigration issues. One thing is clear: the five year time bar is something to be concerned about when filing for post-conviction relief.

August 30, 2015

The Owen Labrie Trial: Electronic Discovery Makes or Breaks a Case

by Michael Pastacaldi

On August 28, 2015, a New Hampshire jury convicted Owen Labrie, a former prep school student at the prestigious Saint Paul’s preparatory high school, of one felony charge and several misdemeanor sexual assault and child endangerment charges against a 15 year old victim who was a freshman at that school while Labrie was a senior. The jury acquitted Labrie of the more serious aggravated felony sexual assault which carries 10 to 20 years in jail. Nonetheless, the jury found him guilty of the felony charge related to his use of an online service or the internet to solicit a minor under the age of 16 for the purposes of sex. In total, Labrie faces a maximum of 11 year in prison in addition to inclusion in the sex offender registry.

June 5, 2015

Post-Conviction Relief: The Rodney Roberts Success Story

by Michael Pastacaldi

After 17 years of incarceration and numerous filings and litigation with the New Jersey appellate courts that Rodney Roberts receive the answer he sought for so many years on post-conviction relief: not guilty, conviction vacated. This was a long journey, fraught with both set-backs and victories that led to the ultimate successful result to release Mr. Roberts from a crime he did not commit. I had the pleasure to represent him. His story is an inspiration to those who have been wrongfully convicted and seek redress in New Jersey for post-conviction relief under New Jersey Court Rule 3:22-1 et. seq.