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, 2017Background
- 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)
