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Coar v. New Jersey State Parole Board

May 16, 2008

ROBERT COAR, APPELLANT,
v.
NEW JERSEY STATE PAROLE BOARD, RESPONDENT.



On appeal from a final decision of the New Jersey State Parole Board.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted May 6, 2008

Before Judges Winkelstein and Yannotti.

Appellant Robert Coar is an inmate at the South Woods State Prison in Bridgeton, serving a fourteen-year sentence for a 1999 conviction of two counts of second-degree sexual assault and one count of third-degree endangering the welfare of a child. Following a hearing and a lengthy interview of appellant, on April 27, 2007, a two-member adult panel denied appellant's parole application and established a twenty-four-month future eligibility term. It reaffirmed its decision on September 5, 2007, following reconsideration of appellant's case. Appellant appeals from a September 20, 2007 final decision of the New Jersey State Parole Board affirming and adopting the panel's recommendations. On appeal, appellant presents the following legal arguments:

Point I

THE PAROLE BOARD'S USE OF INFORMATION CONSIDERED AT PREVIOUS PANEL HEARINGS IS A VIOLATION OF THE CONSTITUTIONAL EX POST FACTO LAW UNDER THE PAROLE ACT WHICH GOVERNS THIS CASE.

Point II

THE PAROLE BOARD MAY NOT DENY PAROLE BASED ON THE FACT THAT PETITIONER CAN NOT DISCUSS THIS CASE DUE TO A PENDING POST CONVICTION RELIEF PROCEEDING.

Point III

THE PANEL FAILED TO CONSIDER TWO MITIGATING FACTORS, WHICH ARE MATERIAL FACTS.

Point IV

THE PAROLE BOARD DOES NOT HAVE THE PREPONDERANCE OF EVIDENCE NECESSARY TO SUPPORT ...


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