Post Conviction Relief Denied
Post 5084
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A criminal defendant appealed the denial of his post-conviction relief (PCR) petition and the request to disqualify the trial judge. In State Of New Jersey v. Robert D. Keith, a/k/a David R. Keith, No. A-1042-23, Superior Court of New Jersey, Appellate Division (May 21, 2025) the Appellate Division denied Keith’s request for relief.
Background of the Case
Robert D. Keith, serving as a bookkeeper for RupCoe Heating and Plumbing, was indicted on multiple financial offenses, including money laundering and insurance fraud. He pleaded guilty to a first-degree charge of financial facilitation and a third-degree charge of insurance fraud, resulting in a recommended ten-year prison sentence for money laundering and four years for insurance fraud, to be served consecutively. The remaining charges were dismissed as part of the plea agreement.
Sentencing Details
During sentencing, the trial judge considered the victim’s emotional impact statement and noted the defendant’s extensive criminal history, which included multiple convictions for similar offenses. The judge identified several aggravating factors such as the defendant’s persistent criminal behavior and the need for deterrence, while only one mitigating factor was acknowledged: the defendant’s promise to pay restitution. Ultimately, the judge sentenced Keith according to the plea agreement without analyzing specific statutory requirements for consecutive sentencing.
Appeal and Remand
The defendant appealed the sentence, raising issues regarding the consecutive nature of the sentences imposed. The appellate court suggested a remand for the trial court to clarify the reasons for consecutive sentencing and to ensure the victim impact statement was appropriately considered. On remand, the trial judge provided further justification for the consecutive sentences but did not conduct a new sentencing hearing, which the defendant argued was necessary.
Post-Conviction Relief
Following the remand, Keith filed for PCR, claiming ineffective assistance of counsel and procedural errors by the trial judge. The trial judge dismissed the PCR application, stating that the claims could have been raised on direct appeal and were thus procedurally barred. The judge also found that the victim impact statement was not overly prejudicial and did not divert attention from the sentencing factors.
Appeal of PCR Decision
On appeal, Keith contended that his counsel was ineffective for not requesting a full resentencing hearing and failing to address the victim impact statement’s content adequately. However, the appellate court upheld the trial judge’s decision, stating that the limited remand did not necessitate a complete resentencing and that the trial judge had followed the appellate court’s directives.
Conclusion
Ultimately, the appellate court affirmed the trial court’s decisions, concluding that the sentencing was appropriate and that the claims raised by Keith did not warrant relief. The court emphasized that the trial judge had exercised discretion within the bounds of the law and that the procedural claims regarding ineffective assistance of counsel were not substantiated.
It is axiomatic that sentencing decisions are discretionary. Therefore, the appellate court reviews a sentence for an abuse of discretion and defers to the sentencing court’s factual findings and should not “second-guess” them. To facilitate meaningful appellate review, trial judges must explain how they arrived at a particular sentence. Trial judges have discretion to decide if sentences should be served concurrently or consecutively.
In his written opinion following his oral decision, the trial judge ultimately concluded that the negotiated plea and sentence was fair. In light of the nature of the offenses, the elements necessary to establish each offense, and supported by the factual basis provided for each offense, the Appellate Division agreed with the trial court that the crimes were separate and apart from one another, against separate victims, committed on separate dates, and in separate fashion.
Combining these observations with the trial court’s detailed analysis of the pertinent aggravating and mitigating factors and considering the specific facts of this case, the appellate court could discern no error in the exercise of the trial court’s discretion in concluding that the consecutive service of the sentences was proper and was fair.
Since Defendant did not establish a reasonable probability that, but for counsel’s purported error the result of the proceeding would have been different.
ZALMA OPINION
New Jersey allows a person, after being convicted of a crime or crimes, and sentenced to seek post conviction relief from the Appellate Division by claiming inadequacy of counsel or other grounds allowed by the statute. Keith’s attempt to reduce his sentence and appealed the finding of the trial court refusing PCR and although he was a successful fraudster for a while his attempts failed at the trial court and the Appellate Division.
(c) 2025 Barry Zalma & ClaimSchool, Inc.
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Chutzpah: After Criminal Prosecution Defendant Sues USA
Post 5164
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Dr. Segun Patrick Adeoye, a medical doctor, filed a lawsuit against the United States of America, seeking damages for alleged violations during his criminal prosecution. He was acquitted by a jury but claims to have suffered significant harm, including financial losses, damage to his professional reputation, and personal distress.
In Dr. Segun Patrick Adeoye v. The United States Of America, Civil Action No. 4:25-cv-83, United States District Court, E.D. Texas, Sherman Division (July 23, 2025) the USDC dismissed Adeoye’s suit.
FACTUAL BACKGROUND
Dr. Adeoye was indicted on charges of conspiracy to commit wire fraud and money laundering. The indictment alleged that he and his co-conspirators obtained at least seventeen million dollars through various fraudulent schemes. Despite being acquitted, Dr. Adeoye claims that his ...
Payment of Appraisal Award Defeats Claim of Bad Faith
Post 5163
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Hurricane Damage to Dwelling Established by Appraisal Award
In Homeowners Of America Insurance Company v. Emilio Menchaca, No. 01-23-00633-CV, Court of Appeals of Texas, First District (July 31, 2025) after a hurricane Homeowners of America Insurance Company (“HAIC”) estimated that the cost of covered repair to Menchaca’s house was $3,688.54, which was less than his deductible, and therefore no payment would be made.
FACTS
After Menchaca retained counsel HAIC advised that, under the terms of the policy, Menchaca was required to first invoke the appraisal process prior to filing suit, and that HAIC reserved the right to request that Menchaca and any adjuster hired on his behalf submit to an Examination Under Oath (“EUO”).
On August 23, 2018, Menchaca’s counsel ...
Payment of Appraisal Award Defeats Claim of Bad Faith
Post 5163
Read the full article at https://lnkd.in/dNpKKcYx, see the full video at https://lnkd.in/dNgwRP8q and at https://lnkd.in/dA9dvd-D, and at https://zalma.com/blog plus more than 5150 posts.
Hurricane Damage to Dwelling Established by Appraisal Award
In Homeowners Of America Insurance Company v. Emilio Menchaca, No. 01-23-00633-CV, Court of Appeals of Texas, First District (July 31, 2025) after a hurricane Homeowners of America Insurance Company (“HAIC”) estimated that the cost of covered repair to Menchaca’s house was $3,688.54, which was less than his deductible, and therefore no payment would be made.
FACTS
After Menchaca retained counsel HAIC advised that, under the terms of the policy, Menchaca was required to first invoke the appraisal process prior to filing suit, and that HAIC reserved the right to request that Menchaca and any adjuster hired on his behalf submit to an Examination Under Oath (“EUO”).
On August 23, 2018, Menchaca’s counsel ...
Rulings on Motions Reduced the Issues to be Presented at Trial
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CASE OVERVIEW
In Richard Bernier v. State Farm Mutual Automobile Insurance Company, No. 4:24-cv-00002-GMS, USDC, D. Alaska (May 28, 2025) Richard Bernier made claim under the underinsured motorist (UIM) coverage provided in his State Farm policy, was not satisfied with State Farm's offer and sued. Both parties tried to win by filing motions for summary judgment.
FACTS
Bernier was involved in an auto accident on November 18, 2020, and sought the maximum available UIM coverage under his policy, which was $50,000. State Farm initially offered him $31,342.36, which did not include prejudgment interest or attorney fees.
Prior to trial Bernier had three remaining claims against State Farm:
1. negligent and reckless claims handling;
2. violation of covenant of good faith and fair dealing; and
3. award of punitive damages.
Both Bernier and State Farm dispositive motions before ...
ZIFL Volume 29, Issue 10
The Source for the Insurance Fraud Professional
See the full video at https://lnkd.in/gK_P4-BK and at https://lnkd.in/g2Q7BHBu, and at https://zalma.com/blog and at https://lnkd.in/gjyMWHff.
Zalma’s Insurance Fraud Letter (ZIFL) continues its 29th year of publication dedicated to those involved in reducing the effect of insurance fraud. ZIFL is published 24 times a year by ClaimSchool and is written by Barry Zalma. It is provided FREE to anyone who visits the site at http://zalma.com/zalmas-insurance-fraud-letter-2/ You can read the full issue of the May 15, 2025 issue at http://zalma.com/blog/wp-content/uploads/2025/05/ZIFL-05-15-2025.pdf
This issue contains the following articles about insurance fraud:
Health Care Fraud Trial Results in Murder for Hire of Witness
To Avoid Conviction for Insurance Fraud Defendants Murder Witness
In United States of America v. Louis Age, Jr.; Stanton Guillory; Louis Age, III; Ronald Wilson, Jr., No. 22-30656, United States Court of Appeals, Fifth Circuit (April 25, 2025) the Fifth Circuit dealt with the ...
Professional Health Care Services Exclusion Effective
Post 5073
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This opinion is the recommendation of a Magistrate Judge to the District Court Judge and involves Travelers Casualty Insurance Company and its duty to defend the New Mexico Bone and Joint Institute (NMBJI) and its physicians in a medical negligence lawsuit brought by Tervon Dorsey.
In Travelers Casualty Insurance Company Of America v. New Mexico Bone And Joint Institute, P.C.; American Foundation Of Lower Extremity Surgery And Research, Inc., a New Mexico Corporation; Riley Rampton, DPM; Loren K. Spencer, DPM; Tervon Dorsey, individually; Kimberly Dorsey, individually; and Kate Ferlic as Guardian Ad Litem for K.D. and J.D., minors, No. 2:24-cv-0027 MV/DLM, United States District Court, D. New Mexico (May 8, 2025) the Magistrate Judge Recommended:
Insurance Coverage Dispute:
Travelers issued a Commercial General Liability ...
