Opinion

State of New Jersey v. Rahjiv Smith

Court
New Jersey Superior Court Appellate Division
Filed
Jan 6, 2026
Status
Unpublished
Cited by
0 cases
Authority
More cited than 38.0%

The opinion

NOT FOR PUBLICATION WITHOUT THE

APPROVAL OF THE APPELLATE DIVISION

This opinion shall not "constitute precedent or be binding upon any court ." Although it is posted on the

internet, this opinion is binding only on the parties in the case and its use in other cases is limited . R. 1:36-3.

SUPERIOR COURT OF NEW JERSEY

APPELLATE DIVISION

DOCKET NO. A-3000-23

STATE OF NEW JERSEY,

Plaintiff-Respondent,

v.

RAHJIV SMITH, a/k/a

RAJI SMITH,

Defendant-Appellant.

________________________

Argued October 22, 2025 – Decided January 6, 2026

Before Judges Smith and Jablonski.

On appeal from the Superior Court of New Jersey,

Law Division, Middlesex County, Indictment No. 04-

02-0153.

Peter T. Blum, Assistant Deputy Public Defender,

argued the cause for appellant (Jennifer N. Sellitti,

Public Defender, attorney; Peter T. Blum, of counsel

and on the briefs).

Nancy A. Hulett, Assistant Prosecutor, argued the

cause for respondent (Yolanda Ciccone, Middlesex

County Prosecutor, attorney; Nancy A. Hulett, of

counsel and on the brief).

PER CURIAM

Defendant Rahjiv Smith was convicted of murder and weapons offenses

at the age of nineteen. He was sentenced to a fifty-year prison term.

Defendant served twenty-two years of that sentence. He appeals from an order

denying his motion for resentencing. On appeal, defendant argues we should

extend the reasoning in State v. Comer, 249 N.J. 359 (2022), which granted

certain juvenile offenders the right to resentencing. However, we decline to

extend Comer to late adolescent offenders like defendant, and we affirm.

On December 16, 2003, defendant, believing Troy Brown intended to

rob him or his friend, Jose Nunez, was involved in an altercation with Brown

at defendant's residence in New Brunswick. Later that night, after consuming

alcohol and PCP, defendant, Nunez, and Brown walked together outside

Smith's home. While Nunez and Brown walked ahead, a single gunshot was

fired, and Brown fell to the ground. The medical examiner concluded Brown

was shot at point blank range with the muzzle of the weapon in direct contact

with his clothing and no evidence of a struggle.

The subsequent investigation led police to defendant's home where his

grandfather consented to searches. Nunez informed police that defendant hid

the weapon, which was later recovered from a spare bedroom closet. The

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2

firearm matched the one used in the homicide. Defendant ultimately admitted

to the shooting but claimed Nunez handed him the weapon and directed him to

shoot.

Defendant was convicted of first-degree murder and second-degree

possession of a weapon for an unlawful purpose. He was sentenced to fifty

years with an eighty-five percent parole disqualifier. We affirmed his

convictions and sentence. State v. Smith, No. A-1485-05 (App. Div. Sept. 27,

2007) (slip op. at 24). In April 2014, we reversed the denial of defendant's

post-conviction relief (PCR) application and remanded for a hearing. State v.

Smith, No. A-5236-11 (App. Div. April 4, 2014). After the hearing, the PCR

court denied the relief requested and we affirmed. State v. Smith, No. A-1261-

14 (App. Div. July 1, 2016).

In 2022, defendant moved for resentencing and was assigned counsel.

Defendant argued individuals aged eighteen to twenty-one are still within late

adolescence and share characteristics with younger teens. Defendant

supported his contentions with an expert report authored by Tarika Daftary -

Kapur, Ph.D, a forensic psychologist. Dr. Daftary-Kapur opined there is a

scientific basis for the hypothesis that juvenile offenders who are age twenty

and younger should be considered late adolescents and the factors articulated

A-3000-23

3

in Miller v. Alabama, 567 U.S. 460, 477 (2012), 1 should be considered when

they are sentenced.

In a written opinion, the trial court denied the motion, concluding:

[D]efendant now seeks to apply the holding of Comer

to his own case, even though he was an adult at the

time of the murder. In the Comer decision, the

Supreme Court does not question the sentencing

framework for murder as applied to adults or imply

that defendants up to twenty years old should be

eligible for resentencing. To the contrary, the Court's

holding states: "[W]e therefore hold under the State

Constitution that juveniles may petition the court to

review their sentence after [twenty] years." Comer,

249 N.J. at 390 (emphasis added). The Court is

explicit in the age that is covered by its holding.

....

Similarly, our Supreme Court has not extended its

holdings under the State Constitution to require a

sentencing court's application of the Miller youth

factors to adult offenders. See, e.g., State v. Zuber,

227 N.J. 442, 451 (2017) ("we hold that sentencing

judges should evaluate the Miller factors at [the time

of sentencing] to 'take into account how children are

different, and how those differences counsel against

1

In Miller, , the Court articulated five factors to be considered by judges in

sentencing juvenile offenders in order to avoid subjecting them to cruel and

unusual punishment: (1) the juvenile's chronological age and developmental

characteristics; (2) the juvenile's family and home environment; (3) the

circumstances of the offense and any relevant external pressures; (4) the

procedural disadvantages due to youth; and (5) the rehabilitation potential.

567 U.S. at 477-78.

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4

irrevocably sentencing them to a lifetime in prison.'"

(citing Miller, 567 U.S. at 480) (emphasis added)).

Although the Court in Comer cited to scientific

articles explaining why many youths do not reach

maturity for years after their eighteenth birthdays, the

Court's holding was plainly limited to juveniles.

....

In summary, no reasonable interpretation of Comer

leads to the conclusion reached by the defendant here

that the Court meant to extend the holding of Comer

to anyone other than juvenile defendants. Since the

defendant falls outside of the delineated age for relief,

and this court is bound to follow the ruling of Comer,

[d]efendant's request for re-sentencing is denied.

Defendant frames this sole issue for our consideration:

A RESENTENCING SHOULD OCCUR BECAUSE

THE COMER DECISION - WHICH REQUIRES A

RESENTENCING AFTER AN ADOLESCENT

OFFENDER UNDER AGE EIGHTEEN SERVES

TWENTY YEARS - SHOULD EXTEND TO

ADOLESCENTS AGED EIGHTEEN, LIKE SMITH.

U.S. CONST. AMENDS. VIII, XIV; N.J. CONST.

ART. I, ¶12.

Legal Background: Adolescents Under Eighteen

Receive Constitutional Protection Against Lengthy

Sentences Because of Their Immaturity and

Likelihood of Reform, Characteristics Described by

the Miller Factors.

Eighteen-Year-Old Adolescents Should Receive the

Same Constitutional Protection Against Lengthy

A-3000-23

5

Sentences Because the Miller Factors Apply Equally

to Them.

The Issue of Extending Comer is Open, and a Prior

Appellate Division Panel was Incorrect to Decide

Otherwise.

We have considered defendant's contentions in view of our most recent

decision set forth in State v. Jones, 478 N.J. Super. 532 (App. Div. 2024),

certif. denied, 259 N.J. 314 and 259 N.J. 315 (2024), and conclude they lack

sufficient merit to warrant discussion in a written opinion. R. 2:11-3(e)(2).

In support of his argument that the Miller factors should be extended to

young adult offenders aged between eighteen and twenty years, defendant

contends scientific evidence demonstrates that "late adolescents" share the

same pertinent characteristics of juveniles. These would include "transient

rashness, proclivity for risk, and inability to assess consequences," that lessen

the "moral culpability" of juvenile offenders and thus a juvenile's youth is a

"central consideration" to the sentencing process. Miller, 567 U.S. at 472-74

(quoting Graham v. Florida, 560 U.S. 48, 68 (2010)).

Our courts have adopted the United States Supreme Court's reasoning in

Miller. Our Supreme Court noted "'children are different' when it comes to

sentencing, and 'youth and its attendant characteristics' must be considered at

the time a juvenile is sentenced to life imprisonment without the possibility of

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6

parole." State v. Zuber, 227 N.J. 422, 429 (2017) (quoting Miller, 567 U.S. at

465). However, despite this predicate, the Court expressly declined to "extend

Miller's protections to defendants sentenced for crimes committed when those

defendants were over the age of eighteen." State v. Ryan, 249 N.J. 581, 596

(2022).

Most recently, in Jones, the defendants, who committed their offenses as

"late adolescents," requested resentencing on similar scientific grounds as

those raised by defendant here. We explained "'[t]he Legislature has chosen

eighteen as the threshold age for adulthood in criminal sentencing. Although

this choice may seem arbitrary, 'a line must be drawn,' and '[t]he age of

[eighteen] is the point where society draws the line for many purposes between

childhood and adulthood.'" Jones, 478 N.J. Super. at 550-51 (quoting Ryan,

249 N.J. at 600 n.10 (second alteration in original)).

Here, Smith was nineteen years old when he committed his crimes, it

follows that he fell within the range specifically contemplated and rejected

under Jones, 478 N.J. Super. at 549. We are satisfied the judge correctly

denied defendant's motion.

Affirmed.

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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