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State v. Ellison

June 18, 2007

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
ARTHUR L. ELLISON, DEFENDANT-APPELLANT.



On appeal from the Superior Court of New Jersey, Law Division, Union County, Indictment No. 99-04-0476.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted June 6, 2007

Before Judges C.S. Fisher and Messano.

Following a trial, defendant was convicted of possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(d), armed robbery, N.J.S.A. 2C:15-1, and aggravated assault, N.J.S.A. 2C:12-1(b)(2). The trial judge granted the State's motion for an extended term, pursuant to 2C:43-7.1, and sentenced defendant to life imprisonment without the possibility of parole.

Defendant appealed, arguing, among other things, that: the trial judge erred in admitting DNA evidence; the procedures utilized by the police that resulted in out-of-court and in- court identifications of defendant were impermissibly suggestive; his Sixth Amendment right to confrontation was violated; and he was deprived of his federal and state constitutional rights to a jury determination of the facts upon which his sentence was based. We affirmed by way of an unpublished opinion filed on November 7, 2003. Docket No. A- 2822-01T4. The Supreme Court denied defendant's petition for certification. 178 N.J. 454 (2004).

Defendant filed a petition for post-conviction relief on August 18, 2004. After hearing argument from counsel, and defendant as well, the trial judge denied the petition. Defendant appealed the order of March 16, 2006 that denied his petition for post-conviction relief. In the brief submitted by defense counsel, the following arguments were presented for our review:

I. THE LOWER COURT ERRED IN DENYING THE PETITION SINCE DEFENDANT RECEIVED INEFFECTIVE ASSISTANCE OF TRIAL COUNSEL.

A. TRIAL COUNSEL FAILED TO ARGUE IN SUPPORT OF A PROPER JURY CHARGE.

B. TRIAL COUNSEL FAILED TO PRESS FOR VOICE IDENTIFICATION EVIDENCE.

C. TRIAL COUNSEL FAILED TO PROPERLY INVESTIGATE AND PREPARE THE CASE.

D. TRIAL COUNSEL FAILED TO COMMUNICATE WITH HIS CLIENT.

E. TRIAL COUNSEL FAILED TO FILE OR PURSUE ...


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