ANTWAN MALONE VS. NEW JERSEY STATE PAROLE BOARDÂ (NEW JERSEY STATE PAROLE BOARD)
A-2597-15T2
| N.J. Super. Ct. App. Div. | Jul 20, 2017Background
- Antwan Malone pleaded guilty in 2005 to multiple offenses, receiving consecutive NERA sentences: 7 years (aggravated assault) and 10 years (robbery and related charges).
- Released on mandatory parole supervision on September 12, 2013; parole was revoked ~9 months later for hindering apprehension.
- Upon becoming eligible again, a two-member Parole Board panel denied parole on March 6, 2015 and set a 23‑month future eligibility term (FET).
- The panel relied on factors including Malone’s extensive criminal record, prior parole and incarceration that failed to deter, lack of insight, recent institutional infractions (assault and disruption), and a high risk score (33).
- The full Parole Board affirmed the denial and 23‑month FET in a July 29, 2015 final agency decision; Malone appealed pro se to the Appellate Division.
Issues
| Issue | Plaintiff's Argument (Malone) | Defendant's Argument (Parole Board) | Held |
|---|---|---|---|
| Whether Board showed reasonable expectation Malone would violate parole if released | Board lacked proof he would violate parole; relied on pending infractions | Board pointed to credible evidence (record, infractions, risk score, history) supporting reasonable expectation | Affirmed: Board decision supported by sufficient credible evidence and entitled to deference |
| Whether Board improperly considered institutional infractions pending on appeal | Board erred by relying on infractions still under appellate review | Board reasonably considered institutional conduct in the record when assessing risk | Rejected Malone’s challenge; consideration was permissible and did not render decision arbitrary |
Key Cases Cited
- Trantino v. N.J. State Parole Bd., 166 N.J. 113 (2001) (parole decisions receive considerable judicial deference and are overturned only if arbitrary and capricious)
- Greenholtz v. Inmates of Neb. Penal & Corr. Complex, 442 U.S. 1 (1979) (parole decision involves discretionary assessments of imponderables)
- McGowan v. N.J. State Parole Bd., 347 N.J. Super. 544 (App. Div. 2002) (applying the deferential standard of review to Parole Board determinations)