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State v. Norman

September 12, 2008

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
CARL NORMAN, DEFENDANT-APPELLANT.



On appeal from the Superior Court of New Jersey, Law Division, Camden County, No. 91-06-1563.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted September 2, 2008

Before Judges Messano and Chambers.

Defendant Carl Norman appeals from the June 25, 2007, order that denied his petition for post-conviction relief (PCR). He raises the following points on appeal for our consideration:

POINT ONE

THE PCR COURT SHOULD CONDUCT AN EVIDENTIARY HEARING TO DETERMINE WHETHER TRIAL COUNSEL FAILED TO EXPLAIN TO THE DEFENDANT THE DIRECT PENAL CONSEQUENCES OF A GUILTY PLEA, RESULTING IN A MISUNDERSTANDING THAT MATERIALLY IMPACTED THE DEFENDANT'S DECISION TO PLEAD GUILTY.

POINT TWO

WHERE A TRIAL COURT DID NOT INFORM THE DEFENDANT OF THE LOSS OF ANY PAROLE OPPORTUTNITES, THE DEFENDANT'S GUILTY PLEA MAY BE VACATED.

POINT THREE

THE TIME BAR SHOULD BE RELAXED IN SPITE OF THE LENGTHY PASSAGE WHERE THE CONSTITUTIONAL ISSUE RAISED FOR THE FIRST TIME IS WEIGHTY AND WAS NOT INTENTIONALLY DELAYED BY THE DEFENDANT.

POINT FOUR

[RULE] 3:22-4 IS RARELY EMPLOYED TO BAR SIGNIFICANT ...


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