CARLOS MOORE VS. NEW JERSEY STATE PAROLE BOARD(NEW JERSEY STATE PAROLE BOARD)
A-4822-15T1
| N.J. Super. Ct. App. Div. | Jul 11, 2017Background
- Carlos Moore was released on parole after serving an aggregate term for multiple violent and weapons offenses under the No Early Release Act; parole included special conditions (no contact with L.A., no contact with known Bloods members, avoid establishments whose primary purpose is selling alcohol).
- After a domestic incident on April 14, 2014, the Board added a no-contact special condition as to L.A.
- Two alleged violations arose: a Bloods gang member found in Moore’s home (April 15, 2014) and an assault of L.A. at Caesars Atlantic City (January 27, 2015); a parole warrant issued the next day.
- At probable cause and revocation hearings Moore (pro se) admitted contact with L.A. and being in the casino bar (claimed merely walking through); the Bloods-contact charge was later withdrawn at the revocation hearing.
- The Board revoked Moore’s parole and imposed a 12‑month future eligibility term (FET); the full Board affirmed on administrative appeal. Moore appealed to the Appellate Division asserting procedural and due process defects and insufficient evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether revocation was supported by clear and convincing evidence | Moore: Board lacked sufficient evidence; he only "walked through" the casino bar and denied violating conditions | Board: Moore admitted contact with L.A. and presence in casino bar; record supports violations | Affirmed — violations established by clear and convincing evidence |
| Whether imposition of no‑contact condition violated due process | Moore: special condition was imposed after domestic dispute without criminal charge and without due process | Board: condition imposed to prevent further criminal behavior; Moore did not appeal its imposition | Affirmed — no due process violation in imposing the special condition |
| Whether revocation hearing complied with Morrissey protections | Moore: denied procedural due process at hearings | Board: provided written notice, disclosure, opportunity to be heard, confrontation, neutral body, and written reasons | Affirmed — Morrissey requirements satisfied |
| Whether administrative appeal decision was untimely under regulation | Moore: Board failed to decide appeal within 90 days | Board: decision came 15 days late but delay caused no prejudice | Affirmed — procedural delay noted but harmless |
Key Cases Cited
- Henry v. Rahway State Prison, 81 N.J. 571 (1980) (standard for appellate review of administrative decisions)
- Campbell v. Dep't of Civil Serv., 39 N.J. 556 (1963) (administrative review principles)
- In re Registrant R.F., 317 N.J. Super. 379 (App. Div. 1998) (definition of clear and convincing evidence)
- In re Purrazzella, 134 N.J. 228 (1993) (clear and convincing evidence standard)
- In re Seaman, 133 N.J. 67 (1993) (description of clear, direct, weighty, and convincing proof)
- In re Boardwalk Regency Casino License Application, 180 N.J. Super. 324 (App. Div. 1981) (evidentiary standard language on conviction without hesitancy)
- Morrissey v. Brewer, 408 U.S. 471 (1972) (parole revocation procedural due process protections)
