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. The Court further clarified that a defendant may still file a timely appeal despite such a waiver, but an out‑of‑time appeal is not permitted. Justice Pashman's dissent argued that the waiver is impermissible and would reverse the judgment, while Justice Schreiber's concurrence agreed with the affirmation but emphasized the equivalence of a jury verdict accepted under a waiver to a guilty plea.