History
  • No items yet
midpage
STATE OF NEW JERSEY VS. MANUEL WISPE, JR. (87-02-0224, HUDSON COUNTY AND STATEWIDE)
A-4608-14T2
N.J. Super. Ct. App. Div.
Jun 30, 2017
Read the full case

Background

  • Manuel Wispe, Jr. was convicted in 1995 of murder and weapons offenses and sentenced to life imprisonment with a thirty-year parole disqualifier.
  • Wispe’s conviction and sentence were affirmed on direct appeal; two post-conviction relief petitions were denied.
  • In 2014 Wispe filed a motion to reduce his sentence, arguing significant post‑sentence rehabilitation.
  • The Law Division judge denied the motion, concluding there was no legal basis to revisit the sentence after unsuccessful direct appeal and PCRs.
  • The judge rejected Wispe’s reliance on juvenile‑rehabilitation cases because Wispe was an adult when the offenses occurred and found the life sentence with the parole disqualifier consistent with law.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether defendant's post‑sentence rehabilitation warrants reduction of a final sentence State: No basis to reconsider; sentence final after affirmed appeal and denied PCRs Wispe: Rehabilitation justifies reducing sentence Denied — court affirmed; no legal basis to reopen or reduce sentence under facts presented

Key Cases Cited

  • State v. Towey, 244 N.J. Super. 582 (App. Div.) (discussing standards for reconsideration of sentence)
  • Pepper v. United States, 562 U.S. 476 (2011) (post‑sentencing rehabilitation may be considered at resentencing but does not automatically require reduction)
Read the full case

Case Details

Case Name: STATE OF NEW JERSEY VS. MANUEL WISPE, JR. (87-02-0224, HUDSON COUNTY AND STATEWIDE)
Court Name: New Jersey Superior Court Appellate Division
Date Published: Jun 30, 2017
Docket Number: A-4608-14T2
Court Abbreviation: N.J. Super. Ct. App. Div.