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State v. Montana

May 15, 2008

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



On appeal from the Superior Court of New Jersey, Law Division, Cumberland County, MCA-04-07.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted May 5, 2008

Before Judges Lintner and Graves.

This matter comes before us for the second time, in the context of an appeal of a denial of defendant's motion for post conviction relief (PCR). Defendant's PCR application asserted that he received ineffective assistance of counsel resulting in his December 2004 conviction in Vineland Municipal Court as a third time offender of driving while intoxicated (DWI), N.J.S.A. 39:4-50, and refusing to submit to a chemical test, N.J.S.A. 39:4-50.2.*fn1 Defendant makes the following arguments on appeal.

POINT I.

DEFENDANT'S TRIAL COUNSEL RENDERED INEFFECTIVE ASSISTANCE IN PERMITTING A VIOLATION OF DEFENDANT'S DUE PROCESS RIGHTS AND IN FAILING TO ENFORCE APPLICABLE RULES OF COURT.

POINT II.

DEFENDANT'S TRIAL COUNSEL RENDERED INEFFECTIVE ASSISTANCE IN FAILING TO CONDUCT APPROPRIATE PRE-TRIAL INVESTIGATION BY WAY OF OBTAINING STATEMENTS FROM WITNESSES.

POINT III.

DEFENDANT'S TRIAL COUNSEL RENDERED INEFFECTIVE ASSISTANCE IN FAILING TO CALL WITNESSES WHO WERE PRESENT IN COURT WHICH WAS CONTRARY TO DEFENDANT'S WISHES.

POINT IV.

DEFENDANT'S TRIAL COUNSEL RENDERED INEFFECTIVE ASSISTANCE IN FAILING TO MOVE INTO EVIDENCE RECORDS AND REPORTS CONTAINING EXCULPATORY INFORMATION DESPITE THE ...


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