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Donald A. Allen v. New Jersey
IFP petition · Superior Court of New Jersey, Appellate Division, No. A-1844-22 · judgment June 11, 2024
Questions presented
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Whether the State of New Jersey violated Petitioner's rights under the Due Process Clause of the Fourtheenth Amendment by sentencing him more than six'. (6) years after his scheduled sentencing date/ set by the court when the delay was caused by his involuntary deportation by federal authorities, and the State made no effort :> to secure his presence?
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Whether sentencing a defendant six (6) years later under these circumstances, despite knowledge of the defendant's location and inability to appear due to federal deportation, violates the Fifth and Six Amendment rights to be present and to a fundamentally fair sentencing hearing.
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Whether the issuance of a fugitive warrant in such circumstances improperly shifts the burden to the defendant/petitioner to appear despite being legally and physically unable to return to the United States, thereby denying access to judicial process.
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Whether the State Court violates the Due Process Clause of the Fourteenth Amendment by continuing the criminal proceedings by issuing a fugitive warrant against defendant who has been deported by Federal Authorities and whose absence was known or reasonably discoverable by the court.
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Whether the prosecuting Official granted permission for Petitioner Allen removal or not?
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Whether a State violates the Due Process Clause of the Fourteenth Amendment by allowing a noncitizen defendant to be deported prior to final sentencing, and then later issued a fugitive warrant to prosecute and sentenced the defendant.
Counsel of record
For petitioner
Donald A. Allen
For respondent
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Case
Conference history
Distributed for 1 conference
Proceedings
- Nov 10 2025Petition DENIED.
- Oct 09 2025DISTRIBUTED for Conference of 11/7/2025.
- Jun 05 2025Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 29, 2025)