Judges Hearing Petitions for Postconviction Relief Are Required to State Findings of Fact and Conclusions of Law

The New Jersey Superior Copurt-Appellate Division, in State v. Hill, A-2448-09, recently overturned the denial of post-conviction relief to a defendant by an Essex County judge after the judge failed to provide any conclusions or reasons in support of his decision. New Jersey Rule 3:22-11 requires a judge hearing a post-conviction relief petition to state his or her findings of fact and conclusions of law, and Rule 1:7-4 requires a judge who issues a ruling to make findings of fact and conclusions of law in an opinion. New Jersey criminal defense lawyers representing clients on post-conviction relief petitions should be mindful of these requirements mandated by both the New Jersey Rules and New Jersey case law, and should ensure that their clients receive the meaningful appellate review to which they are entitled.   If you seek to file a petition for post-conviction relief, please call New Jersey criminal defense attorneys Schwartz & Posnock at (732) 544-1460.