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State v. Grant

May 8, 2008

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
PHILLIP GRANT A/K/A PHILLIP W. GRANT, DEFENDANT-APPELLANT.



On appeal from Superior Court of New Jersey, Law Division, Passaic County, Indictment No. 98-06-0611.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted January 16, 2008

Before Judges Lisa, Lihotz and Simonelli.

Defendant Phillip Grant appeals from the order of March 10, 2006, denying his petition for post conviction relief (PCR). A jury convicted defendant of first degree robbery and second degree conspiracy to commit robbery. Defendant is serving an extended term of forty years imprisonment with a seventeen-year period of parole ineligibility.

Defendant appealed his conviction and sentence, contending, in part, that trial counsel was ineffective in failing to advise him on whether to testify, and in failing to consult with him on trial strategy. We affirmed. State v. Grant, No. A-1271-99T4 (App. Div. June 22, 2001), certif. denied, 171 N.J. 338 (2002).

Defendant filed a PCR petition, which Judge Marilyn Clark denied without an evidentiary hearing. On appeal, defendant raises the following arguments:

POINT ONE:

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 DEFENDANT'S CLAIMS ARE NOT PROCEDURALLY BARRED BY THE PROVISIONS OF R. 3:22 AS THEY ASSERT CONSTITUTIONAL ISSUES ARISING UNDER BOTH THE STATE AND FEDERAL CONSTITUTIONS.

C. PETITIONER WAS DENIED THE EFFECTIVE ASSISTANCE OF COUNSEL BY BEING FORCED TO GO TO TRIAL WITH HIS ASSIGNED ATTORNEY.

D. PETITIONER HAS PROVIDED PRIMA FACIE PROOF THAT HE SUFFERED INEFFECTIVE ASSISTANCE OF TRIAL COUNSEL.

E. PETITIONER HAS PROVIDED PRIMA FACIE PROOF THAT HE SUFFERED INEFFECTIVE ...


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