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Eib v. New Jersey State Parole Board

June 27, 2007

CHRISTOPHER EIB #426639/SBI627184B, PETITIONER-APPELLANT,
v.
NEW JERSEY STATE PAROLE BOARD, RESPONDENT-RESPONDENT.



On appeal from the New Jersey State Parole Board.

Per curiam.

RECORD IMPOUNDED

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted April 25, 2007

Before Judges Parker and Messano.

Petitioner Christopher Eib appeals from a final decision of the Parole Board (Board) rendered on May 31, 2006. He is currently serving an aggregate term of twelve years for aggravated sexual assault, sexual assault of a victim under thirteen, and endangering the welfare of a child. The victims were members of petitioner's family. Petitioner's prior record included three convictions for possession of a controlled dangerous substance (CDS) and one for possession of CDS with intent to distribute.

Petitioner first became eligible for parole after serving four years and eleven months of his sentence. An initial hearing was held on August 12, 2005, after which the matter was referred to a two-member panel because of the serious nature of the offense, the fact that petitioner was incarcerated for multiple crimes, denied committing the crimes and was sentenced to community supervision for life.

The two-member panel conducted the hearing on August 15, 2005 and, after interviewing petitioner, denied parole and set a sixteen-month future eligibility term (FET). The panel based its decision on the fact that petitioner's criminal history demonstrated increasingly more serious offenses, he was convicted of multiple offenses, he failed prior probationary sentences, he lacked insight into his criminal behavior and denied committing the crimes. The Board did note that petitioner had been free of infractions during incarceration. The lack of infractions, however, did not outweigh the other factors.

Petitioner appealed and the full Board affirmed the two-member panel's denial of parole and the sixteen-month FET.

Petitioner appealed and argues:

POINT ONE

THE PREPONDERANCE OF THE EVIDENCE DID NOT SUPPORT FINDING BY THE STATE PAROLE BOARD THAT APPELLANT WAS SUBSTANTIALLY LIKELY TO COMMIT ANOTHER OFFENSE AND THUS DENIAL OF APPLICATION FOR PAROLE WAS ARBITRARY AND UNREASONABLE

POINT TWO

APPELLANT CHRISTOPHER EIB WAS DENIED AN UNFAIR HEARING BY THE NEW JERSEY STATE PAROLE BOARD WITH ...


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