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5 New Jersey opinions name it 2 courts 2000–2026 3 in the last five years
The cases below were cited by New Jersey courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
State v. Jacksongreen2 sentences2026Before us, defendant principally argues he satisfies the excusable neglect standard as a result of "outright incorrect, confusing, and nonsensical advice about pursuing PCR and federal-court remedies" from "a fellow inmate who worked in the Inmate Legal Assistance program," and "[t]he plea court, the prosecutor, and plea counsel all failed to advise [him] of his right to pursue post- conviction relief at the robbery sentencing." Defendant submits an affidavit from the inmate paralegal which certifies the paralegal told defendant he "can't A-3831-23 10 have two things in the federal courts and 2024It asserts that "[b]y ignoring this dispositive difference between Hannah and [t]his case, defendant likewise ignores the clarity of the [rules] that specifically disallow the enlargement of time for untimely second PCRs." The State further contends that defendant's reliance on DiFrisco, 187 N.J. at 165-66 , is misplaced, as "the version of R[ule] 3:22-12 being applied there" is a different version of the rule, which at the time "treated all PCRs—first, second, or any filed thereafter—the same for purposes of timely filing; all had to be filed within five years of conviction and all late filin | 1 | 2 |
State v. Normangreen1 sentence2026"The concept of excusable neglect encompasses more than simply providing a plausible explanation for a failure to file a timely PCR petition." [State v. Norman, 405 N.J. Super. 149, 159 (App. Div. 2009)] . . . . | 1 | 1 |
State v. Merolagreen1 sentence2026Before us, defendant principally argues he satisfies the excusable neglect standard as a result of "outright incorrect, confusing, and nonsensical advice about pursuing PCR and federal-court remedies" from "a fellow inmate who worked in the Inmate Legal Assistance program," and "[t]he plea court, the prosecutor, and plea counsel all failed to advise [him] of his right to pursue post- conviction relief at the robbery sentencing." Defendant submits an affidavit from the inmate paralegal which certifies the paralegal told defendant he "can't A-3831-23 10 have two things in the federal courts and | 1 | 1 |
Sec'y of State v. Gpak Corp.green1 sentence2021The excusable neglect doctrine is "intended to provide equitable relief from oppressive and unjust judgments; it is 'designed to afford a remedy in the rare situation in which for some equitable reason' a judgment should not be enforced." Sec'y of State v. GPAK Corp., 95 N.J. | 1 | 1 |
State v. Locurtogreen2 sentences2000See State v. Locurto, 157 N.J. 463, 470-72 , 724 A.2d 234 (1999); State v. Johnson, 42 N.J. 146, 161-62 , 199 A.2d 809 (1964). 2000See State v. Locurto, 157 N.J. 463, 470-72 , 724 A.2d 234 (1999); State v. Johnson, 42 N.J. 146, 161-62 , 199 A.2d 809 (1964). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New Jersey. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Merola
green
1 sentence2026Before us, defendant principally argues he satisfies the excusable neglect standard as a result of "outright incorrect, confusing, and nonsensical advice about pursuing PCR and federal-court remedies" from "a fellow inmate who worked in the Inmate Legal Assistance program," and "[t]he plea court, the prosecutor, and plea counsel all failed to advise [him] of his right to pursue post- conviction relief at the robbery sentencing." Defendant submits an affidavit from the inmate paralegal which certifies the paralegal told defendant he "can't A-3831-23 10 have two things in the federal courts and | 1 | 2026–2026 |
State v. DiFrisco
green
1 sentence2024It asserts that "[b]y ignoring this dispositive difference between Hannah and [t]his case, defendant likewise ignores the clarity of the [rules] that specifically disallow the enlargement of time for untimely second PCRs." The State further contends that defendant's reliance on DiFrisco, 187 N.J. at 165-66 , is misplaced, as "the version of R[ule] 3:22-12 being applied there" is a different version of the rule, which at the time "treated all PCRs—first, second, or any filed thereafter—the same for purposes of timely filing; all had to be filed within five years of conviction and all late filin | 1 | 2024–2024 |
Mancini v. EDS ON BEHALF OF THE NEW JERSEY AUTOMOBILE FULL INSURANCE UNDERWRITING ASSOCIATION
green
2 sentences2001For the reasons she stated, the Director found that the excusable-neglect test for relief under R. 4:50-1 by Mandni v. EDS, 132 N.J. 330, 335 , 625 A.2d 484 (1993), namely an honest mistake compatible with due diligence or reasonable prudence, had not been met. 2001For the reasons she stated, the Director found that the excusable-neglect test for relief under R. 4:50-1 by Mandni v. EDS, 132 N.J. 330, 335 , 625 A.2d 484 (1993), namely an honest mistake compatible with due diligence or reasonable prudence, had not been met. | 1 | 2001–2001 |
State v. Johnson
green
2 sentences2000See State v. Locurto, 157 N.J. 463, 470-72 , 724 A.2d 234 (1999); State v. Johnson, 42 N.J. 146, 161-62 , 199 A.2d 809 (1964). 2000See State v. Locurto, 157 N.J. 463, 470-72 , 724 A.2d 234 (1999); State v. Johnson, 42 N.J. 146, 161-62 , 199 A.2d 809 (1964). | 1 | 2000–2000 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.