Supreme Court of New Jersey

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

March 2, 2004178 N.J. 486

Summary

The Supreme Court of New Jersey reversed the Appellate Division, holding that the defendant's second post‑conviction relief petition was barred by the five‑year filing limit of Rule 3:22‑12 and that no excusable neglect justified an extension. The Court declined to address the merits of the diminished‑capacity claim and noted that the federal habeas proceeding did not toll the state time limit.