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State v. Simons

November 26, 2008

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
DEWAYNE SIMONS, DEFENDANT-APPELLANT.



On appeal from the Superior Court of New Jersey, Law Division, Atlantic County, Indictment No. 95-03-0646B.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted October 16, 2008

Before Judges Parrillo and Messano.

Defendant Dewayne Simons appeals from the denial of his second petition for post-conviction relief (PCR). In his pro se brief, he raises the following points for our consideration:

POINT ONE

PETITIONER'S REQUEST FOR COUNSEL AS AN INDIGENT FOR HIS SEC[OND] PETITION FOR POST-CONVICTION RELIEF, RELEVANT MOTIONS: NEWLY DISCOVERED EVIDENCE, EXPAND THE RECORD, AND SUBPOENA WITNESSES; AND NOTICE OF APPEAL, SHOULD HAVE BEEN GRANTED. (Not Raised Below)

POINT TWO

THE COURT PREJUDICED PETITIONER WHEN IT FAILED TO PROPERLY DETERMINE THE MERITS, AND CONSTITUTIONALITY OF EACH ISSUE OF PETITONER'S PETITION FOR POST-CONVICTION RELIEF IN VIOLATION OF HIS DUE PROCESS RIGHT AS GUARANTEED BY THE FOURTEENTH AMEND[MENT] TO THE U.S. CONSTITUTION.

POINT THREE

PETITIONER'S RIGHT TO PRESENT EXCULPATORY EVIDENCE, AND THE RIGHT TO CONFRONT WITNESSES, WITHIN HIS SEC[OND] POST-CONVICTION RELIEF AND RELEVANT MOTIONS WAS A VIOLATION OF PETITIONER'S SIXTH AND FOURTEENTH AMEND[MENT] TO THE U.S. CONST[ITUTION].

POINT FOUR

PETITIONER WAS DENIED HIS DUE PROCESS RIGHT[S] GUARANTEED BY THE FOURTEENTH AMEND[MENT] OF THE UNITED STATES CONST[ITUTION] WHEN THE COURT DENIED PETITIONER'S MOTION FOR NEWLY DISCOVERED EVIDENCE AND MOTION TO EXPAND THE ...


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