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State v. Palmer

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION


June 5, 2008

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
MICHAEL PALMER, DEFENDANT-APPELLANT.

On appeal from the Superior Court of New Jersey, Law Division, Essex County, Indictment No. 01-10-4147.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted: May 13, 2008

Before Judges Cuff and Simonelli.

Defendant Michael Palmer is serving a three-year custodial term following his negotiated guilty plea to third degree possession of a controlled dangerous substance, N.J.S.A. 2C:35- 10a(1), and third degree unlawful possession of a weapon, N.J.S.A. 2C:39-5b. He did not file a direct appeal. Defendant appeals from the denial of his petition for post-conviction relief. We affirm.

On appeal, defendant raises the following arguments:

POINT I DEFENDANT SHOULD HAVE BEEN PERMITTED TO WITHDRAW HIS GUILTY PLEA TO CORRECT A MANIFEST INJUSTICE IN LIGHT OF NEWLY DISCOVERED EVIDENCE THAT SUBSTANTIATES DEFENDANT'S CLAIM OF INNOCENCE.

POINT II DEFENDANT'S SIXTH AMENDMENT RIGHT TO EFFECTIVE ASSISTANCE OF COUNSEL WAS VIOLATED AS A RESULT OF HIS COUNSEL'S FAILURE TO FILE A CLEARLY MERITORIOUS MOTION TO SUPPRESS EVIDENCE SEIZED DURING AN ILLEGAL INVESTIGATORY STOP.

In his oral opinion, Judge Lombardi reviewed the contentions advanced by defendant in his petition. He found that defendant failed to establish a prima facie case of ineffective assistance of counsel. We agree. We affirm substantially for the reasons expressed by Judge Lombardi in his thoughtful and comprehensive oral opinion.

Affirmed.

20080605

© 1992-2008 VersusLaw Inc.



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