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State v. Scarborough

May 22, 2008

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
RANDY SCARBOROUGH, DEFENDANT-APPELLANT.



On appeal from Superior Court of New Jersey, Law Division, Essex County, Indictment No. 02-02-0589.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted May 12, 2008

Before Judges Graves and Alvarez.

Defendant Randy Scarborough appeals from an order dated December 13, 2006, denying his petition for post-conviction relief (PCR). On appeal, defendant presents the following arguments:

POINT I.

THE PCR COURT ERRED IN DENYING DEFENDANT'S PETITION BECAUSE TRIAL AND APPELLATE COUNSEL PROVIDED INEFFECTIVE ASSISTANCE OF COUNSEL THEREBY PREJUDICING DEFENDANT. IN THE ALTERNATIVE, BECAUSE DEFENDANT PRESENTED AT LEAST PRIMA FACIE PROOF THAT HE HAD BEEN DEPRIVED OF TRIAL AND APPELLATE COUNSEL, THE PCR COURT ERRED BY FAILING TO HOLD AN EVIDENTIARY HEARING.

A. TRIAL COUNSEL WAS INEFFECTIVE BY FAILING TO INFORM DEFENDANT THAT HE FACED AN EXTENDED TERM IF HE WAS CONVICTED AT TRIAL WHICH PRECLUDED DEFENDANT FROM PROPERLY EVALUATING WHETHER TO ACCEPT A PRE-TRIAL PLEA OFFER OR PROCEED TO TRIAL.

B. TRIAL COUNSEL WAS INEFFECTIVE BY MAKING SEVERAL PREJUDICIAL REMARKS AGAINST DEFENDANT DURING HER OPENING STATEMENT AND SUMMATION.

C. TRIAL COUNSEL WAS INEFFECTIVE BY FAILING TO CROSS-EXAMINE SARAN KABA REGARDING HER PRIOR FALSE ROBBERY ACCUSATION AGAINST DEFENDANT.

D. TRIAL COUNSEL WAS INEFFECTIVE BY FAILING TO CALL A FAVORABLE WITNESS AT TRIAL.

E. TRIAL COUNSEL WAS INEFFECTIVE BY FAILING TO PROPERLY CONSULT WITH DEFENDANT AND ADVISE HIM REGARDING WHETHER TO TESTIFY ON HIS OWN BEHALF.

F. TRIAL COUNSEL WAS INEFFECTIVE BY FAILING TO FILE OR PURSUE PRE-TRIAL MOTIONS.

G. TRIAL COUNSEL WAS INEFFECTIVE BY FAILING TO RAISE ANY MITIGATING ...


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