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State v. Robinson

December 27, 2007

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
EDWARD ROBINSON, DEFENDANT-APPELLANT.



On appeal from Superior Court of New Jersey, Law Division, Passaic County, Indictment No. 96-06-0627.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted November 13, 2007

Before Judges Graves and Sabatino.

Defendant Edward Robinson appeals from an order dated May 8, 2006, denying his petition for post-conviction relief (PCR). We affirm.

On appeal, defendant makes the following arguments through counsel:

POINT I THE TRIAL COURT ERRED IN DENYING THE DEFENDANT'S PETITION FOR POST[-]CONVICTION RELIEF WITHOUT AFFORDING HIM AN EVIDENTIARY HEARING TO DETERMINE THE MERITS OF HIS CONTENTION THAT HE WAS DENIED THE RIGHT TO THE EFFECTIVE ASSISTANCE OF TRIAL COUNSEL.

A. THE PREVAILING LEGAL PRINCIPLES REGARDING CLAIMS OF INEFFECTIVE ASSISTANCE OF COUNSEL, EVIDENTIARY HEARINGS AND PETITIONS FOR POST[-]CONVICTION RELIEF.

B. THE COURT ERRED IN DENYING DEFENDANT'S PETITION FOR POST[-]CONVICTION RELIEF AS BEING BARRED AS OUT OF TIME.

C. PETITIONER WAS DENIED THE EFFECTIVE ASSISTANCE OF COUNSEL BY FAILING TO MOVE FOR SUPPLEMENTAL DISCOVERY REGARDING STATE'S INVESTIGATOR, DETECTIVE [FORREST] CUPO.

D. COUNSEL STIPULATED TO THE BALLISTICS REPORT RATHER THAN CHALLENGING THE SCIENTIFIC RELEVANCE OF THE COMPARATIVE BULLET LEAD ANALYSIS.

E. COUNSEL FAILED TO REQUEST THAT AN INSTRUCTION REGARDING PASSION/PROVOCATION BE INCLUDED IN THE CHARGE TO THE JURY.

F. THE JURY CHARGE WAS PREJUDICIAL AND ASSURED THE ...


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