07-23-08 State of New Jersey v. Joseph M. Bringhurst
A-4302-06T5
We conclude that post-conviction relief (PCR) petitions
brought pursuant to State v. Laurick, 120 N.J. 1, cert. denied,
498 U.S. 967, 111 S. Ct. 429, 112 L. Ed.2d 413 (1990), must
comply with Rule 7:10-2, and are subject to the five-year limit
contained in Rule 7:10-2 (g)(2). However, those time limits may
be relaxed to prevent an injustice. Because a Laurick PCR
cannot be brought until there is a second or subsequent DWI
conviction, the time bar should not mechanically be applied to
deny the petition. However, to obtain the benefit of relaxation
of the time limit, a defendant must put forth a prima facie case
for relief in his petition itself.
In this case, where defendant's prior, uncounseled
conviction was allegedly rendered ten years earlier, he failed
to put forth a prima facie case for relief in his PCR petition.
Therefore, its denial was appropriate.
