On appeal from the Superior Court of New Jersey, Law Division, Mercer County, Indictment No. 92-12-1405.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Submitted: October 22, 2008
Before Judges Cuff, Fisher and Baxter.
Defendant Raheem Davis appeals from the denial of his petition for post-conviction relief. The petition was denied without an evidentiary hearing. We affirm.
Defendant is serving an aggregate term of sixty years with a thirty-year period of parole ineligibility for kidnapping, six counts of aggravated sexual assault, aggravated assault, and possession of a weapon (a stick or metal object) for an unlawful purpose. In 1997, we affirmed the conviction in all respects but for the sentence. State v. Davis, No. A-4770-94 (App. Div. July 1, 1997). Defendant was resentenced in August 1997, we affirmed the newly imposed sentence, State v. Davis, No. A-953-97 (App. Div. April 13, 1999), and the Supreme Court denied certification, 165 N.J. 487 (2000).
We derive the following facts from our opinion on direct appeal:
Defendant's conviction and sentence stemmed from an incident that occurred on May 6, 1992, just after midnight. At that time, J.B., a 26-year-old woman, approached defendant and his co-defendant Timothy Jackson for the purpose of purchasing $10 worth of crack cocaine. Initially, J.B. agreed to have sex with defendant and Jackson in exchange for a $30 bag of crack cocaine. However, she changed her mind and attempted to hand the drugs back to Jackson. It was then that defendant accused J.B. of taking some of Jackson's drugs before handing the bag back to him. Defendant and Jackson began assaulting J.B. and ripped off her clothes, ostensibly to search for the allegedly missing cocaine. When the beating and the strip search failed to produce the missing cocaine, the attack became sexual. Jackson had vaginal intercourse with J.B. twice and attempted to sodomize her. Defendant then invited a third individual, Samuel Vincent, to rape her as well. Vincent had vaginal intercourse with J.B. and left the area. After that, defendant had vaginal intercourse with J.B. Then he and Jackson forced J.B. to perform oral sex on both of them.
Fearful that J.B. would inform the police about what they had done, Jackson and defendant began assaulting her again, beating her about the head, face and neck. When J.B. fell to the ground, defendant held her legs open, and Jackson pushed a stick inside her vagina. Jackson also struck J.B. on the side of her neck and arms with a metal pipe.
When Jackson stopped beating her, a fourth individual, Dallas Merrick, came upon the scene. Defendant grabbed J.B. by her hair and forced her to have oral sex with Merrick. Thereafter, Merrick had vaginal intercourse with her. Ultimately, J.B. was permitted to leave the area. She was subsequently hospitalized for her injuries. Defendant and Jackson were identified by J.B. through photographic arrays.
At trial, defendant testified that he had vaginal and oral sex with J.B. but that it was consensual. He blamed Jackson for the injuries sustained by J.B. Defendant denied that he invited Vincent or Merrick to have sex with J.B. and denied holding her down while they did so.
[Davis, supra, slip op at 3-4.]
In his petition, defendant asserts he received ineffective assistance of trial counsel and appellate counsel because they failed to contest the admission of evidence that the victim knew him as a local drug dealer. Defendant also contends that his trial and appellate counsel neglected to challenge an unduly suggestive out-of-court identification and an unduly prejudicial summation by the prosecutor. Defendant also argues that the trial judge impermissibly admitted testimony by the victim regarding defendant's statements to her during an encounter at the county jail. Defendant also alleges that he was ...