STATE OF NEW JERSEY VS. SUZETTE HINDS-MOHAMMED (06-12-0973, SOMERSET COUNTY AND STATEWIDE)
A-0789-15T1
N.J. Super. Ct. App. Div.May 25, 2017Background
- Appellant Larry Yellock is serving life for two murders and became parole-eligible after ~35 years of incarceration.
- A two-member NJ State Parole Board panel denied parole and imposed a 120-month future eligibility term (FET), citing Yellock’s escalating criminal history, failure of prior incarceration/parole to deter, and insufficient problem resolution.
- The two-member panel noted mitigating factors (infractions-free record, program participation, favorable institutional reports, and a risk assessment score of 20 indicating moderate risk) but found them outweighed by aggravating factors.
- Yellock appealed to a three-member panel and then to the full Board; both affirmed the denial and the 120-month FET.
- Yellock sought judicial relief asking remand for a full and fair hearing with the appellate court retaining jurisdiction; the Appellate Division reviewed the Board’s decision under the narrow standard applicable to parole decisions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the matter should be remanded for a new hearing with this court retaining jurisdiction | Yellock argued the Board’s factual findings were insufficient and he was entitled to a full and fair hearing; requested remand with retained jurisdiction | Parole Board argued its denial and 120-month FET were supported by substantial credible evidence and within its broad discretion | Court affirmed: no remand. Board’s decision upheld as supported by substantial credible evidence and not arbitrary or capricious |
Key Cases Cited
- Trantino v. N.J. State Parole Bd., 166 N.J. 113 (standard of review for parole board discretion)
- Greenholtz v. Inmates of Neb. Penal & Corr. Complex, 442 U.S. 1 (parole decisions involve discretionary assessments of future behavior)
- Monks v. N.J. State Parole Bd., 58 N.J. 238 (Parole Board has broad but not unlimited discretion)
- N.J. Parole Bd. v. Cestari, 224 N.J. Super. 534 ("substantial likelihood" requires more than potential for reoffending)
- Beckworth v. N.J. State Parole Bd., 62 N.J. 348 (parole predictions must be grounded on consideration of aggregate pertinent factors)
