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State v. Mackey

June 27, 2007

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
PAUL MACKEY, DEFENDANT-APPELLANT.



On appeal from Superior Court of New Jersey, Law Division, Bergen County, Indictment No. 94-01-0472.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted March 13, 2007

Before Judges Payne, Graves and Lihotz.

Defendant, Paul Mackey, appeals from the denial by Judge Roma, following remand and reassignment to a different judge, of his petition for post-conviction relief (PCR) from convictions of purposeful or knowing murder, N.J.S.A. 2C:11-3(a)(1) and (2) and felony murder, N.J.S.A. 2C:11-3(c)(3).

On appeal defendant raises the following arguments through counsel:

POINT I

THE PCR COURT ABUSED ITS DISCRETION IN DENYING APPELLANT'S REQUEST FOR DISCOVERY OF THE FINGERPRINT EVIDENCE NECESSARY FOR APPELLANT TO DEMONSTRATE INEFFECTIVE ASSISTANCE OF COUNSEL IN VIOLATION OF HIS RIGHTS UNDER THE SIXTH AMENDMENT OF THE UNITED STATES CONSTITUTION AND N.J. CONST., ART. I, ¶ 10.

POINT II

COUNSEL'S INCOMPETENCE, INCLUDING FAILURE TO ENGAGE A FINGERPRINT EXPERT, DENIED APPELLANT THE EFFECTIVE ASSISTANCE OF TRIAL COUNSEL IN VIOLATION OF THE UNITED STATES AND NEW JERSEY CONSTITUTIONS.

POINT III

FAILURE TO EXPLORE WITH DEFENDANT HIS OPTION WHETHER OR NOT TO TESTIFY ON HIS OWN BEHALF PRIOR TO THE CONCLUSION OF THE STATE'S CASE CONSTITUTED INEFFECTIVE ASSISTANCE OF TRIAL COUNSEL IN VIOLATION OF THE UNITED STATES AND NEW JERSEY CONSTITUTIONS.

POINT IV

TRIAL COUNSEL'S SUMMATION ARGUMENT ADMITTING DEFENDANT'S GUILT CONSTITUTED INEFFECTIVE ASSISTANCE OF COUNSEL IN VIOLATION OF THE UNITED STATES AND NEW JERSEY CONSTITUTIONS. APPELLATE COUNSEL WAS ALSO ...


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