State of New Jersey, Plaintiff-Appellant v. Juan Pablo Santos, Defendant-Respondent

Summary

The Supreme Court of New Jersey reversed the Law Division’s order granting a post‑conviction evidentiary hearing, including permission for telephonic testimony, and remanded for a full reconsideration of Santos’s entitlement to such a hearing under the Gaitan standard. The Court held that Padilla does not apply retroactively and that the Aqua Marine test was not satisfied. Justice Albin filed a dissent arguing that the proceedings should be stayed pending resolution of the Padilla retroactivity issue.