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State v. Taccetta

May 29, 2002

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
MARTIN R. TACCETTA, DEFENDANT-APPELLANT.



On appeal from the Superior Court of New Jersey, Law Division, Ocean County, SGJ272-90-1.

Before Judges Pressler, Ciancia and Fuentes.

The opinion of the court was delivered by: Pressler, P.J.A.D.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Argued May 7, 2002

Defendant Martin R. Taccetta appeals from the denial, without evidentiary hearing, of his petition for post-conviction relief and from the denial of his motion for a new trial and discovery. We are satisfied that one of the issues he raised, namely the alleged ineffective assistance of counsel in respect of plea negotiations, requires determination by evidentiary hearing, and we remand for that purpose. In all other respects, we affirm the denial of the petition and motion.

[The facts are recited in the court's opinion on direct appeal, State v. Taccetta, 301 N.J. Super. 227 (App. Div.), certif. denied, 152 N.J. 187 (1997). The court then discussed other issues.]

With respect to the alleged ineffective assistance of both trial and appellate counsel, defendant makes the following arguments:

A. Defense Counsel Was Ineffective In Evaluating a Plea Bargain and Advising Defendant Concerning It.

B. Trial Counsel Was Ineffective In Failing to Object to the State's Drastic Change In the Theory of Its Case After the Verdict In Its Unlawful Effort to Salvage Its Failure to Prove the Charges. Appellate Counsel Was Ineffective for Failure to Raise This Issue on Appeal.

C. Counsel Was Ineffective In Failing to Request an Instruction on All Elements of First Degree Racketeering and In Failing to Object to the Omission of An Element.

1. Trial Counsel Was Ineffective Prior to the Verdict In Failing to Object to Instructions That Omitted An Element of the Offense.

2. Trial Counsel Was Ineffective Between Verdict and Sentence.

3. Appellate Counsel Was Ineffective.

D. Trial Counsel Was Ineffective for Failure to Request Instructions On A Wide ...


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