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State v. Waldron

April 6, 2009

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
RALPH WALDRON, JR., DEFENDANT-APPELLANT.



On appeal from the Superior Court of New Jersey, Law Division, Warren County, No. 01-11-0402.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted February 25, 2009

Before Judges Parrillo and Messano.

Defendant Ralph Waldron appeals from the denial of his petition for post-conviction relief (PCR). He raises the following issues on appeal:

POINT I

THE COURT ERRED IN DENYING THE PETITION FOR [PCR] BECAUSE [] DEFENDANT WAS DENIED EFFECTIVE ASSISTANCE OF TRIAL COUNSEL, DUE TO TRIAL COUNSEL'S FAILURE TO INVESTIGATE AND PRESENT A DEFENSE.

POINT II

THE COURT ERRED IN DENYING THE PETITION FOR [PCR] BECAUSE [] DEFENDANT WAS ENTITLED TO AN EVIDENTIAL HEARING AS TO EACH OF THE CLAIMS OF INEFFECTIVE ASSISTANCE OF TRIAL COUNSEL PURSUANT TO R. 3:22-10 ON THE BASIS THAT HE PRESENTED PRIMA FACIE CLAIMS OF INEFFECTIVE ASSISTANCE OF COUNSEL.

POINT III

THE TRIAL COURT ERRED IN DENYING THE PETITION FOR [PCR] BECAUSE THE DEFENDANT WAS NOT PROPERLY ADVISED OF THE CONSEQUENCES OF HIS PLEA.

POINT IV

THE TRIAL COURT ERRED IN NOT SUBMITTING THE ISSUE OF AGGRAVATING FACTORS TO THE JURY.

We have considered these arguments in light of the record and applicable legal ...


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