STATE OF NEW JERSEY VS. BIENVENIDO CASILLA (98-10-0052, MIDDLESEX COUNTY AND STATEWIDE), A-3598-15T4

Bienvenido Casilla was convicted of murder and related offenses; convictions and sentences were affirmed on direct appeal except for vacated racketeering/theft counts and remanded resentencing on kidnapping.
On remand the trial court imposed consecutive sentences, including a 10-year NERA term for second-degree kidnapping; consecutive sentences were later affirmed.
Casilla filed multiple post-conviction and habeas petitions: two prior PCR petitions were denied and those denials were affirmed on appeal; federal habeas relief and certiorari were denied.
Casilla filed a third pro se PCR petition raising claims including ineffective assistance of counsel (trial, appellate, and prior PCR counsel), sentencing errors (NERA and consecutive sentences), double jeopardy/venue issues, and denial of presence during voir dire/sidebar.
The trial court dismissed the third PCR petition as time-barred under Rule 3:22-12(a)(2), found no substantial issues of fact or law to warrant counsel, and denied relief without an evidentiary hearing; the Appellate Division affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Timeliness of PCR petition	State: petition is time-barred under Rule 3:22-12(a)(2)	Casilla: excusable neglect; entitled to proceed pro se and due process	Court: petition time-barred; dismissal affirmed
Ineffective assistance of counsel (trial/appellate/first PCR)	State: claims lack merit or are procedurally defaulted	Casilla: counsel failed on multiple fronts (voir dire, suppression, indictment defects, sentencing, appellate errors)	Court: claims insufficient to warrant relief or evidentiary hearing
Sentencing / NERA application and consecutive sentences	State: sentencing and NERA application proper	Casilla: NERA misapplied; consecutive sentences illegal; persistent offender not satisfied	Court: sentencing challenges fail; no reversible error shown
Right to presence / voir dire and jury issues	State: no reversible deprivation shown; prior counsel handled issues	Casilla: denied right to be present at sidebar; juror language bias; conviction tainted	Court: allegations not substantial; no entitlement to relief

State v. Casilla, 362 N.J. Super. 554 (App. Div. 2003) (direct-appeal decision detailing underlying conviction and issues)
Blakely v. Washington, 542 U.S. 296 (2004) (Sixth Amendment sentencing principle addressed during resentencing)
Casilla v. Ricci, 562 U.S. 1093 (2010) (Supreme Court denial of certiorari following federal habeas proceedings)