SMITH v. THE ATTORNEY GENERAL OF THE STATE OF NEW JERSEY

D. New Jersey

SMITH v. THE ATTORNEY GENERAL OF THE STATE OF NEW JERSEY

DecidedSeptember 13, 2023

Docket3:20-cv-00202

StatusUnknown

This text of SMITH v. THE ATTORNEY GENERAL OF THE STATE OF NEW JERSEY (SMITH v. THE ATTORNEY GENERAL OF THE STATE OF NEW JERSEY) is published on Counsel Stack Legal Research, covering District Court, D. New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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SMITH v. THE ATTORNEY GENERAL OF THE STATE OF NEW JERSEY, (D.N.J. 2023).

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Opinion

NOT FOR PUBLICATION . UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY

STANLEY CLIFFSMITH, = Petitioner, Civ, No. 20-202 (GC) v ATTORNEY GENERAL OF THE STATE MEMORANDUM & ORDER OF NEW JERSEY, Respondent.

Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. (See ECF 3). In Claim 2, Petitioner argues that the prosecutor committed misconduct when he assured the jury that Co-Defendant Khalif Johnson would not receive a concurrent sentence. (See id. at 9), Petitioner raised this issue on direct appeal in state court. The last reasoned decision on this claim was from the New Jersey Supreme Court. See State v. Smith, 54 A.3d 772 (NE, 2012). In denying this claim, the New Jersey Supreme Court referred to the record before it which included “the transcript of Johnson’s guilty plea, the plea form he executed at the time of his guilty plea, and the sentencing transcript.” See id. at 795. It does not appear though that these documents have been provided to this Court by Respondent. In analyzing whether the state court’s decision was based on an unreasonable determination of the facts, see 28 U.S.C. § 2254(d)(2), Respondent shall be ordered to provide this Court with copies of these documents so that Petitioner’s Claim 2 can be fully analyzed.

Accordingly, IT IS on this pry of September, 2023, ORDERED that within seven (7) days of the date of this Memorandum & Order, Respondent shall file and serve the following: (1) a copy of the transcript of Khalif Johnson’s guilty plea; (2) the plea form Johnson executed at the time of his guilty plea; and (3) Johnson’s sentencing transcript as referenced in the New Jersey Supreme Court Opinion on direct appeal; and if is further ORDERED that the Clerk shall serve this Memorandum and Order on Petitioner by regular mail.

( “A. Chater United States District Judge

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NOT FOR PUBLICATION . UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY

STANLEY CLIFFSMITH, = Petitioner, Civ, No. 20-202 (GC) v ATTORNEY GENERAL OF THE STATE MEMORANDUM & ORDER OF NEW JERSEY, Respondent.

Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. (See ECF 3). In Claim 2, Petitioner argues that the prosecutor committed misconduct when he assured the jury that Co-Defendant Khalif Johnson would not receive a concurrent sentence. (See id. at 9), Petitioner raised this issue on direct appeal in state court. The last reasoned decision on this claim was from the New Jersey Supreme Court. See State v. Smith, 54 A.3d 772 (NE, 2012). In denying this claim, the New Jersey Supreme Court referred to the record before it which included “the transcript of Johnson’s guilty plea, the plea form he executed at the time of his guilty plea, and the sentencing transcript.” See id. at 795. It does not appear though that these documents have been provided to this Court by Respondent. In analyzing whether the state court’s decision was based on an unreasonable determination of the facts, see 28 U.S.C. § 2254(d)(2), Respondent shall be ordered to provide this Court with copies of these documents so that Petitioner’s Claim 2 can be fully analyzed.

Accordingly, IT IS on this pry of September, 2023, ORDERED that within seven (7) days of the date of this Memorandum & Order, Respondent shall file and serve the following: (1) a copy of the transcript of Khalif Johnson’s guilty plea; (2) the plea form Johnson executed at the time of his guilty plea; and (3) Johnson’s sentencing transcript as referenced in the New Jersey Supreme Court Opinion on direct appeal; and if is further ORDERED that the Clerk shall serve this Memorandum and Order on Petitioner by regular mail.

( “A. Chater United States District Judge

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SMITH v. THE ATTORNEY GENERAL OF THE STATE OF NEW JERSEY, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-the-attorney-general-of-the-state-of-new-jersey-njd-2023.

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