SCOTT v. RICCI et al

Filing 30

OPINION. Signed by Judge Stanley R. Chesler on 12/18/2018. (JB, )

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
REGINALD SCOTT,

Civil Action No. 10-6168(SRC)

Petitioner,
v.

OPINION

MICHELLE R. RICCI, et al.,
Respondent.

I.

INTRODUCTION

This matter has been opened to the Court by Petitioner's filing of a Petition for a writ of
habeas corpus pursuant to 28 U.S.C. § 2254. Having reviewed the Petition, Respondent's
Answer, and the relevant record, the Court will deny the Petition for the reasons stated in this
Opinion and will also deny a certificate of appealability.
II.

FACTUAL BACKGROUND AND PROCEDURAL HISTORY

After pleading guilty in August 1997 to two counts of an amended charge of first-degree
aggravated manslaughter, N.J.S.A. 2C:11-4(a)(l ), and other charges, Scott was sentenced on the
first manslaughter count to a sixty-year term of imprisonment with a twenty-five year period of
parole ineligibility. 1 The judge determined that he was subject to sentencing pursuant to the
Graves Act, N.J.S.A. 2C:43-6(c) and -7(c) and N.J.S.A. 2C:44--3(d), and found that three
aggravating factors substantially outweighed the non-existent mitigating factors. Concurrent
terms of imprisonment were imposed based on Scott's guilty plea to the second count of

1

Portions of the factual background are taken from the state court decision, State v. Scott, No. A2211-11Tl, 2013 WL 375548, at *1-2 (N.J. Super. Ct. App. Div. Feb. 1, 2013).
1

12-18-18

s/ Stanley R. Chesler