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State v. Damplias

April 21, 2008

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
DEMETRIOS DAMPLIAS, DEFENDANT-APPELLANT.



On appeal from Superior Court of New Jersey, Law Division, Middlesex County, Indictment No. 93-10-1881.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted March 5, 2008

Before Judges Lihotz and Simonelli.

Defendant Demetrios Damplias appeals from the order of May 9, 2006, denying his post conviction relief (PCR) petition.

This is the third appeal in this case. In the first, we granted the State leave to appeal, and reversed the trial judge's ruling suppressing a blanket seized at the murder scene. See State v. Damplias, 282 N.J. Super. 471, 481 (App. Div. 1995). Following our decision, a jury convicted defendant of first degree murder, contrary to N.J.S.A. 2C:11-3a(1) and (2), and third degree possession of a weapon, a knife, for an unlawful purpose, contrary to N.J.S.A. 2C:39-4d, stemming from the murder of his wife. Defendant is serving a term of life imprisonment with a thirty-year period of parole ineligibility.

Defendant filed an appeal challenging his conviction and sentence and raised eleven separate issues as error. We affirmed. State v. Damplias, No. A-5235-95T2, (App. Div. January 30, 1998), certif. denied, 154 N.J. 607 (1998).

Defendant filed a PCR petition. The trial judge denied the petition from the bench, stating he would later issue a written opinion and order, but never did and retired. Defendant then filed an appeal, which we dismissed without prejudice, remanded for reconsideration, and ordered the Office of the Public Defender to represent defendant. On remand, Judge DeVesa denied the PCR petition.

On this appeal, defendant raises the following arguments:

POINT I

THE LOWER COURT ORDER MUST BE REVERSED SINCE DEFENDANT RECEIVED INEFFECTIVE ASSISTANCE OF TRIAL COUNSEL.

A) TRIAL COUNSEL FAILED TO CONSULT WITH DEFENDANT.

B) TRIAL COUNSEL FAILED TO OBJECT TO THE TRIAL COURT'S ERRONEOUS CHARGE REGARDING MURDER AND ...


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