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Jones v. New Jersey State Parole Board

April 20, 2010

NOEL JONES, APPELLANT,
v.
NEW JERSEY STATE PAROLE BOARD, RESPONDENT.



On appeal from New Jersey State Parole Board.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted March 23, 2010

Before Judges Parrillo and Lihotz.

Appellant, Noel Jones, remains incarcerated at East Jersey State Prison, Rahway, serving a cumulative sentence of twenty years for: first-degree possession of a controlled dangerous substance (CDS) with intent to distribute in a city park; second-degree eluding; possession of CDS; and aggravated assault. Jones appeals from a final decision of the State Parole Board (the Board), issued on February 4, 2009, which affirmed the Board panel's decision revoking parole and establishing a twelve-month future eligibility term (FET).

On appeal, appellant presents the following arguments:

POINT I

THE DECISION BY THE PAROLE BOARD SHOULD BE REVERSED WHERE IT WAS BASED ON INACCURATE INFORMATION THAT WAS UNAVAILABLE AT THE TIME OF THE REVOCATION HEARING, WHEREFORE THE COURT SHOULD GRANT SUMMARY DISPOSITION.

Also, in a subsequently filed "reply" brief, Jones argues:

POINT I

THE PAROLE BOARD ABUSE OF REVOKING JONES PAROLE AND ENHANCING JONES SENTENCE ON THREE SEPARATE OCCASIONS WAS NOT SUPPORTED BY SUBSTANTIAL OR CLEAR AND CONVINCING EVIDENCE, IN FACT THE EVIDENCE HEAVILY RELIED ON WAS NOT ONLY DISMISSED BUT NEITHER CONFIRMED OR VALIDATED BY LABORATORY ANALYSIS TO BE CDS. THE DENIAL OF JONES PAROLE BASED ON FICTITIOUS EVIDENCE MUST NOT STAND.

POINT II

THE DUE PROCESS VIOLATION IN THIS MATTER ARE WHOLESOME.

We have considered appellants contentions in light of the record and the ...


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