STATE OF NEW JERSEY VS. EDWARD VICTOR ROBINSON (321-78, CAMDEN COUNTY AND STATEWIDE), A-1004-19

Background

In 1978, at age 17, Edward Victor Robinson shot a victim during an attempted robbery; the victim died. Robinson was waived to adult court, pleaded non vult to armed murder and guilty to related offenses, and was sentenced in 1979 to life imprisonment with concurrent terms on other counts.
Robinson committed serious crimes while incarcerated as an adult (notably a 1988 hostage/kidnapping incident), was convicted for those offenses, and received a consecutive 15-year term with parole ineligibility affecting his overall parole timetable.
Prison records show numerous institutional infractions (including assaults, arson, weapons possession, threats) continuing well into adulthood; Parole Board findings emphasized persistent violent conduct and lack of rehabilitation.
Robinson has repeatedly sought post-conviction relief and sentence modification over decades; multiple appeals and PCR petitions were denied by trial and appellate courts before the present petition.
In 2016 Robinson moved to correct an illegal sentence, arguing Miller/Zuber required resentencing because his juvenile-origin life term amounted to a de facto life-without-parole; the trial court denied relief and the Appellate Division affirmed in 2019.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Robinson’s life sentence for a crime committed at 17 is unconstitutional without Miller factors consideration	State: sentence lawful; not a de facto life-without-parole and Miller/Zuber inapplicable because parole eligibility exists and Board will assess rehabilitation	Robinson: Miller and Zuber require that long aggregate terms imposed on juveniles trigger consideration of juvenile mitigation because of diminished culpability and capacity for reform	Court: Held Miller/Zuber do not require resentencing—Robinson’s sentence is not the functional equivalent of LWOP given parole eligibility and his extensive adult offenses and infractions
Whether subsequent adult behavior and parole denials affect Miller/Zuber analysis	State: adult crimes and disciplinary record demonstrate lack of rehabilitation; parole mechanism provides meaningful opportunity for release	Robinson: juvenile status at offense requires Eighth Amendment review regardless of later conduct	Court: Held later violent conduct and two parole denials support denial of relief; absence of demonstrated rehabilitation supports outcome
Whether aggregate sentence length can be treated as de facto LWOP	State: Robinson’s aggregate exposure and parole scheme do not produce practical LWOP	Robinson: aggregate consequences and parole-bar length make sentence functionally equivalent to LWOP	Court: Held no bright-line years; here sentence not functionally equivalent given parole eligibility, commutation credits, and prior parole denials not showing entitlement to relief
Remedy available if sentence later becomes disproportionate	State: Parole process and potential future court review suffice; Robinson can appeal future parole denials	Robinson: seeks resentencing now	Court: Held defendant may seek relief if future facts show rehabilitation; no present resentencing required

Key Cases Cited

Miller v. Alabama, 567 U.S. 460 (2012) (mandatory life without parole for juveniles violates Eighth Amendment and requires consideration of youth-related mitigating factors)
Roper v. Simmons, 543 U.S. 551 (2005) (juveniles have diminished culpability; death penalty unconstitutional for crimes committed under 18)
State v. Zuber, 227 N.J. 422 (2017) (extended Miller to juvenile defendants facing aggregate sentences that are the functional equivalent of LWOP and required Miller-factor consideration)
State v. Tormasi, 466 N.J. Super. 51 (App. Div. 2021) (explains Zuber, rejects bright-line test for de facto LWOP, and outlines parole-review role)
State v. Bass, 457 N.J. Super. 1 (App. Div. 2018) (applies Zuber principles and rejects Miller applicability where sentence is not functional LWOP)
Acoli v. N.J. State Parole Bd., 224 N.J. 213 (2016) (parole denials are reviewable and provide procedural protections)
Trantino v. N.J. State Parole Bd., 166 N.J. 113 (2001) (parole eligibility statutory framework and effect on life-sentenced inmates)