· 1/18/2017
Suggs v. M & T Bank
Citations
- 230 F. Supp. 3d 458
- 2017 WL 214078
- 2017 U.S. Dist. LEXIS 7139
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that the defendant in that case, who delayed twelve years before filing a PCR petition concerning deportation consequences, had not shown either excusable neglect or a fundamental injustice
- finding that petition alleging ineffective assistance of counsel was untimely filed under R. 3:22-12
- explaining that under Nuñez-Valdéz, warning a defendant he or she may be deported was not unreasonable advice or outside the norms of the profession and did not constitute prima facie proof of ineffective assistance of counsel
- holding the defendant's PCR petition was time-barred under Rule 3:22-12(a)(2)(B) because he \consulted an attorney in 2007 and was advised that his 1998 conviction 'could be a problem'\ yet waited until 2010 to seek post - conviction relief
- finding a \lapse of almost seven years beyond the five-year deadline undercuts a finding of excusable neglect and fundamental injustice\
- finding a lapse of almost seven years following the five-year deadline \undercuts a finding of excusable neglect and fundamental injustice\
Source: CourtListener parenthetical corpus (CC0).
Judges: Gibney
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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