SCOTT v. RICCI et al, No. 2:2010cv06168 - Document 30 (D.N.J. 2018)
Court Description: OPINION. Signed by Judge Stanley R. Chesler on 12/18/2018. (JB, )
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SCOTT v. RICCI et al Doc. 30 UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY REGINALD SCOTT, Civil Action No. 10-6168(SRC) Petitioner, v. OPINION MICHELLE R. ICCI, et al., Respondent. I. INTRODUCTION This matter has been opened to the Court by Petitioner's iling of a Petition or a writ of habeas corpus pursuant to 28 U.S.C. ยง 2254. Having reviewed the Petition, Respondent's Answer, and the relevant record, the Court will deny the Petition or the reasons stated in this Opinion and will also deny a certiicate of appealability. II. FACTUAL BACKGROUND AND PROCEDURAL HISTORY Ater pleading guilty in August 1997 to two counts of an amended charge of irst-deree agravated manslaughter, N.J.S.A. 2C:114(a)(l ), and other chrges, Scott was sentenced on the irst manslauhter count to a sixty-yer tem of imprisonment with a twenty-ive year period of parole ineligibility. 1 The judge determined that he was subject to sentencing pursuant to the Graves Act, N.J.S.A. 2C:436(c) and -7(c) and N.J.S.A. 2C:44-3(d), and ound that three agravating actors substantially outweighed the non-existent mitigating actors. Concurrent terms of imprisonment were imposed based on Scott's guilty plea to the second count of 1 Portions of the actual backround are taken rom the state court decision, State v. Scott, No. A2211-11Tl, 2013 WL 375548, at *1-2 (N.J. Super. Ct. App. Div. Feb. 1, 2013). 1 Dockets.Justia.com s/ Stanley R. Chesler 12-18-18
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