Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Miller v. New Jersey State Parole Board

April 20, 2010

FRANK M. MILLER, JR., APPELLANT,
v.
NEW JERSEY STATE PAROLE BOARD, RESPONDENT.



On appeal from a Final Agency Decision of the New Jersey State Parole Board.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted January 6, 2010

Before Judges Payne and Waugh.

Frank M. Miller appeals from his 2007 yearly parole review, after which he was awarded a one-month reduction in a thirty-year future eligibility term (FET), imposed in 1998. On appeal, he raises the following issues for our consideration:

POINT I

I REQUEST TO SUPPLEMENT THE RECORD PER R. 2:5-5(b) AS TO AN ISSUE OF THE RESPONDENTS FAILURE TO DISCLOSE THAT THE MIX UP OF INFORMATION AT MY SECOND DENIAL OF PAROLE AND SUBSEQUENT ANNUAL REVIEW HEARINGS REQUIRES A RE-EVALUATION OF MY SECOND FET. (Not Raised Below.)

POINT II

THE PAROLE BOARD VIOLATED MY RIGHTS WHEN THEY ERRED USING INACCURATE INFORMATION AT MY SECOND DENIAL OF PAROLE AND SUBSEQUENT ANNUAL REVIEW.

POINT III

THE PAROLE BOARD FAILED TO CONSIDER ALL OF THE MITIGATING FACTORS, AND I HAVE INSIGHT INTO MY CRIMINAL BEHAVIOR. THIS FAILURE TO REVIEW MY ENTIRE RECORD, CONSIDER ALL MITIGATING EVIDENCE, MIS-CONSTRUING MY INTERPRETATIONS OF EVENTS HAS DENIED MY "DUE PROCESS" & "EQUAL PROTECTION" RIGHTS, BY DENYING ME A FAIR, UN-ARBITRARY, AND NON-CAPRICIOUS DECISION.

POINT IV

THE USE OF CONFIDENTIAL INFORMATION FOR MY SECOND FET, AND SUBSEQUENT ANNUAL REVIEW HEARINGS IS A VIOLATION OF MY SIXTH AMENDMENT RIGHT TO CONFRONT MY ACCUSER. POINT V

THE PAROLE BOARD VIOLATED MY SIXTH AMENDMENT RIGHT TO COUNSEL WHEN I WAS NOT GRANTED COUNSEL AT MY SECOND FET, AND SUBSEQUENT ANNUAL REVIEWS SO THAT I MAY ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.