No. 18-7812

Raheem Wilcox v. New Jersey

Lower Court: New Jersey
Docketed: 2019-02-07
Status: Denied
Type: IFP
Response WaivedIFP
Tags: adverse-inference adverse-inference-charge civil-rights criminal-procedure criminal-procedure-discovery-rule-3:13-3 discovery discovery-rule due-process evidence new-trial-factual-predicate new-trial-standard post-conviction-relief pre-indictment-destruction pre-indictment-destruction-of-evidence retroactive-application teague-v-lane
Latest Conference: 2019-03-15
Question Presented (AI Summary)

Whether the New Jersey Supreme Court's decision in State v. W.B should be retroactively applied to the petitioner's case

Question Presented (OCR Extract)

QUESTION(S) PRESENTED ; The question in the case is whether, the New Jersey Supreme Court’s decision in State v. W.B that clarified discovery rule 3:13-3, holding that the pre-indictment destruction of police interview notes may entitle a defendant to an adverse inference charge, should be retroactively applied to the petitioner’s case in his third petition for post-conviction relief, and or entitled to a new trial on the basis of a new factual predicate pursuant to rule 3:22-4(b) (2) (a) (b) since defendant's trial attorney raised and : preserved for review the similar issue regarding a police officer destroying his pre-interview notes of defendant prior to his indictment that , and whether applying W.B prospectively to only pre-indictment cases is contrary to this court’s decision in Teague v. Lane that held in part, that “an old rule applies on direct and collateral review. This petition. presents. issyesof public importance that should be settled by this court, anci te cegely 2 avr bea pe rtant consthhehona f 4 uLshon OF fies t Impre $5107 + . : 1 .

Docket Entries

2019-03-18
Petition DENIED.
2019-02-21
DISTRIBUTED for Conference of 3/15/2019.
2019-02-04
Waiver of right of respondent State of New Jersey to respond filed.
2019-01-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 11, 2019)

Attorneys

Raheem Wilcox
Raheem Wilcox — Petitioner
State of New Jersey
Milton Samuel Leibowitz — Respondent