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Martin v. New Jersey Department of Corrections

Superior Court of New Jersey, Appellate Division

July 17, 2013

JAMES MARTIN, Appellant,
v.
NEW JERSEY DEPARTMENT OF CORRECTIONS, Respondent.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted May 21, 2013

On appeal from the New Jersey Department of Corrections.

James Martin, appellant pro se.

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

Before Judges Lihotz and Ostrer.

PER CURIAM

James Martin, an inmate at New Jersey State Prison, appeals from a March 14, 2012 decision of the Department of Corrections (DOC), upholding a hearing officer's findings and conclusion that Martin was guilty of two separate disciplinary infractions in violation of *.203, possession or introduction of any prohibited substance (marijuana), N.J.A.C. 10A:4-4.1. Martin appeals, arguing:

POINT ONE
APPELLANT WAS DENIED OF [sic] HIS DUE PROCESS RIGHT TO A FAIR HEARING WHEN (A) APPELLANT WAS RELEASED FROM PHD AFTER EXCEEDING THE STATUTORY LIMITATION ONE CAN SERVE ON ANY GIVEN INFRACTION (B) THE SANCTIONS IMPOSED SHOULD BE VACATED SINCE THE APPELLANT DID NOT RECEIVE A TIMELY RESPONSE TO HIS APPEAL.
POINT TWO
APPELLANT WAS DENIED EFFECTIVE ASSISTANCE OF COUNSEL SUBSTITUTE WHEN COUNSEL SUBSTITUTE SIGNED LINE 16 LONG BEFORE APPELLANT APPEARED AT COURT-LINE AND REFUSED TO SUBMIT APPEAL PREPARED BY APPELLANT.

In a supplemental brief, Martin also maintains:

APPELLANT WAS DENIED OF [SIC] HIS DUE PROCESS RIGHT TO A FAIR HEARING WHEN APPELLANT WAS DENIED THE RIGHT TO ...

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