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Hyson v. New Jersey State Parole Board

Superior Court of New Jersey, Appellate Division

July 12, 2013

JAMES HYSON, Appellant,
v.
NEW JERSEY STATE PAROLE BOARD, Respondent.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted March 11, 2013.

On appeal from the New Jersey State Parole Board.

James Hyson, appellant pro se.

Jeffrey S. Chiesa, Attorney General, attorney for respondent (Lewis A. Scheindlin, Assistant Attorney General, of counsel; Shirley P. Dickstein, Deputy Attorney General, on the brief).

Before Judges Graves and Espinosa.

PER CURIAM.

James Hyson, a state prison inmate serving a life sentence, appeals from a March 28, 2012 decision of the New Jersey State Parole Board (Board) denying parole and establishing a sixty-month future eligibility term (FET). We affirm.

In a prior unreported opinion, we noted that Hyson has "a history of convictions for murder, armed robbery, aggravated assault and battery, escape, two convictions for larceny, and other offenses." Hyson v. N.J. State Parole Bd., No. A-3795-09 (App. Div. Mar. 7, 2011) (slip op. at 3) (Hyson II). We also noted that Hyson is currently serving a sentence for offenses committed while he was on parole for a 1975 murder conviction:

The murder conviction for which he was on parole at the time of the commission of the present offenses, arose from these facts. On the evening of April 4, 1974, Hyson broke into the home of his next-door neighbor, a seventy-nine-year-old woman. Hyson asked the victim for money and ordered her to remove her pants. He raped her. Hyson asked the victim for money. She gave him her pocketbook, containing at least $500. Hyson left.
The following day, the victim was found dead in her home. An autopsy revealed that she had a severe heart condition and had died of a heart attack. The Medical Examiner opined that the sexual assault by Hyson was a definite contributing factor to the fatal heart attack. Hyson was arrested for murder, rape, robbery, and breaking and entering. He entered a non-vult plea to the murder charge. The remaining charges were dismissed as part of a plea agreement. The judge imposed a twenty-five to twenty-seven year term.

[Ibid.]

After spending seven years in prison, Hyson was released on parole on December 15, 1981. Four months later, on April 19, 1982, Hyson raped and robbed a seventy-six year old woman.

In August 1982, when Hyson was thirty years old, he pled guilty to burglary, aggravated sexual assault, and robbery. Prior to sentencing, he was evaluated at the Adult Diagnostic and Treatment Center in Avenel. The evaluation stated:

Mr. Hyson's sexual involvement seems primarily related to his antisocial, narcissistic character. He has little regard for other people and barely knows they exist. He knows that his sexual behavior might cause severe negative consequences for other people. This behavior is done to fulfill his own primitive needs with the sexual component not being the predominant, overriding ...

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