State of New Jersey, Plaintiff-Respondent v. Jacklyn Lee Gibson, Defendant-Appellant

Summary

The Supreme Court of New Jersey affirmed the denial of post‑conviction relief, holding that a plea agreement that includes a waiver of the right to appeal does not constitute a substantial denial of constitutional rights and therefore does not justify post‑conviction relief for an untimely appeal. The Court also announced that a defendant may file a timely appeal despite such a waiver, but the State may rescind the agreement if an appeal is filed. Justice Pashman dissented, arguing that the waiver is impermissible and should be invalidated.