State v. Arthur F. Wildgoose

Summary

The Supreme Court of New Jersey, in a unanimous opinion by Justice Pierre-Louis, reversed the Appellate Division and held that defendant Wildgoose's PCR claims attacking the Attorney General's Jessica Lunsford Act plea-negotiation Guidelines are procedurally barred under Rule 3:22-4(a) because he could have raised them on direct appeal, and that none of the Rule's three exceptions applies. The Court reasoned that defendant, who rejected the State's post-indictment plea offer and went to trial, made no showing that any error played a role in the determination of his guilt, and that the Appellate Division's fundamental-injustice finding rested on speculation about a pre-indictment plea offer the State had no obligation to make. It further held that the Appellate Division should not have created a new prophylactic rule requiring prosecutors to explain the timing of post-indictment plea offers in a procedurally barred appeal. No separate writings were filed; Justice Hoffman did not participate.