State of New Jersey, Plaintiff-Appellant v. Shawn Milne, Defendant-Respondent

Summary

The Supreme Court of New Jersey reversed the Appellate Division and held that the defendant's second post‑conviction relief petition was procedurally barred by the five‑year filing limit of Rule 3:22‑12, that the deadline is not tolled by federal habeas proceedings, and that the defendant failed to show excusable neglect. Justice LONG dissented, arguing the petition should be allowed to proceed.