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State v. Dollard

April 20, 2009

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
THOMAS DOLLARD, DEFENDANT-APPELLANT.



On appeal from the Superior Court of New Jersey, Law Division, Essex County, Indictment No. 90-11-5153.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted: March 11, 2009

Before Judges Cuff and C.L. Miniman.

Defendant Thomas Dollard appeals from the denial of his second petition for post-conviction relief. He is serving a life term with a thirty-year period of parole ineligibility for murder, felony murder, robbery, assault, burglary and weapon offenses. This court affirmed the conviction, State v. Dollard, No. A-5448-90 (App. Div. December 15, 1993); the Supreme Court denied certification, 136 N.J. 296 (1994). We affirmed the denial of defendant's first petition for post-conviction relief No. A-7138-95 (June 17, 1998); certification was denied, 157 N.J. 646 (1999).

On appeal, defendant raises the following arguments:

POINT I

THE PCR COURT ERRED WHEN IT BARRED DEFENDANT FROM RAISING HIS CLAIMS IN A SECOND PETITION FOR POST-CONVICTION RELIEF PURSUANT TO RULE 3:22-4 AND RULE 3:22-12.

POINT II

THE PCR COURT ERRED WHEN IT CONCLUDED THE TRIAL COURT'S FAILURE TO INSTRUCT AND DEFINE THE MEANING OF ATTEMPT AS IT RELATES TO THE ROBBERIES DID NOT VIOLATE DEFENDANT'S RIGHTS TO A FAIR TRIAL AND DUE PROCESS OF LAW.

POINT III

THE PCR COURT ERRED WHEN IT CONCLUDED THAT THE TRIAL COURT'S INADEQUATE AND INCOMPLETE INSTRUCTIONS ON ACCOMPLICE LIABILITY DID NOT VIOLATE DEFENDANT'S RIGHT TO A FAIR TRIAL AND DUE PROCESS OF LAW.

POINT IV

THE PCR COURT ERRED WHEN IT DECIDED THAT THE TRIAL COURT'S INSTRUCTION ON MURDER DID NOT DENY DEFENDANT OF A FAIR TRIAL BY ...


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