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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Notice of Claim Later than 60 Days After Expiration is Too Late
Post 5089
Injury at Massage Causes Suit Against Therapist
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Hiscox Insurance Company (“Hiscox”) moved the USDC to Dismiss a suit for failure to state a claim because the insured reported its claim more than 60 days after expiration of the policy.
In Mluxe Williamsburg, LLC v. Hiscox Insurance Company, Inc., et al., No. 4:25-cv-00002, United States District Court, E.D. Missouri, Eastern Division (May 22, 2025) the trial court’s judgment was affirmed.
FACTUAL BACKGROUND
Plaintiff, the operator of a massage spa franchise, entered into a commercial insurance agreement with Hiscox that provided liability insurance coverage from July 25, 2019, to July 25, 2020. On or about June 03, 2019, a customer alleged that one of Plaintiff’s employees engaged in tortious ...
ZIFL – Volume 29, Issue 11
The Source for the Insurance Fraud Professional
Posted on June 2, 2025 by Barry Zalma
Post 5087
See the full video at and at
Read the full article and the full issue of ZIFL June 1, 2025 at https://zalma.com/blog/wp-content/uploads/2025/05/ZIFL-06-01-2025.pdf
Zalma’s Insurance Fraud Letter – June 1, 2025
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ZIFL – Volume 29, Issue 11
The Source for the Insurance Fraud Professional
Read the full article and the full issue of ZIFL June 1, 2025 at https://lnkd.in/gTWZUnnF
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 ...
No Coverage if Home Vacant for More Than 60 Days
Failure to Respond To Counterclaim is an Admission of All Allegations
Post 5085
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In Nationwide Mutual Insurance Company v. Rebecca Massey, Civil Action No. 2:25-cv-00124, United States District Court, S.D. West Virginia, Charleston Division (May 22, 2025) Defendant Nationwide Mutual Insurance Company's (“Nationwide”) motion for Default Judgment against Plaintiff Rebecca Massey (“Plaintiff”) for failure to respond to a counterclaim and because the claim was excluded by the policy.
BACKGROUND
On February 26, 2022, Plaintiff's home was destroyed by a fire. At the time of this accident, Plaintiff had a home insurance policy with Nationwide. Plaintiff reported the fire loss to Nationwide, which refused to pay for the damages under the policy because the home had been vacant for more than 60 days.
Plaintiff filed suit ...
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 ...
A Heads I Win, Tails You Lose Story
Post 5062
Posted on April 30, 2025 by Barry Zalma
"This is a Fictionalized True Crime Story of Insurance Fraud that explains why Insurance Fraud is a “Heads I Win, Tails You Lose” situation for Insurers. The story is designed to help everyone to Understand How Insurance Fraud in America is Costing Everyone who Buys Insurance Thousands of Dollars Every year and Why Insurance Fraud is Safer and More Profitable for the Perpetrators than any Other Crime."
Immigrant Criminals Attempt to Profit From Insurance Fraud
People who commit insurance fraud as a profession do so because it is easy. It requires no capital investment. The risk is low and the profits are high. The ease with which large amounts of money can be made from insurance fraud removes whatever moral hesitation might stop the perpetrator from committing the crime.
The temptation to do everything outside the law was the downfall of the brothers Karamazov. The brothers had escaped prison in the old Soviet Union by immigrating to the United...
