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State v. Kinard

May 19, 2009

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
HASANI KINARD, DEFENDANT-APPELLANT.



On appeal from the Superior Court of New Jersey, Law Division, Camden County, Indictment No. 98-12-4327.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted April 21, 2009

Before Judges Winkelstein and Chambers.

Defendant Hasani Kinard appeals from the denial of his petition for post-conviction relief. We affirm substantially for the reasons set forth by the trial judge.

Defendant was convicted by a jury of first-degree aggravated manslaughter, as a lesser included offense of murder, N.J.S.A. 2C:11-4(a); second-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(a); third-degree unlawful possession of a handgun, N.J.S.A. 2C:39-5(b); second-degree aggravated arson, N.J.S.A. 2C:17-1(a); and third-degree hindering apprehension or prosecution, N.J.S.A. 2C:29-3(b)(1). At trial, the State contended that defendant shot and killed Terry Cory as he was fleeing down a Camden Street and that defendant thereafter burned his girlfriend's car which he had used to leave the scene of the crime. Defendant received an aggregate sentence of twenty-seven years in prison, with seventeen years of parole ineligibility. Defendant's conviction and sentence were affirmed on direct appeal. State v. Kinard, No. A-2040-00 (App. Div. Mar. 24, 2003).

In this appeal, defendant raises the following issues:

POINT I.

THE LOWER COURT ORDER MUST BE REVERSED SINCE DEFENDANT RECEIVED INEFFECTIVE ASSISTANCE OF TRIAL COUNSEL.

A. Trial counsel failed to request a charge that if a witness lied about one thing the jury could find that he lied about everything.

B. Trial counsel failed to investigate the case before trial.

C. Trial counsel failed to properly cross-examine State witnesses.

D. Trial counsel was ineffective since he failed to advise defendant that he had a right to participate in sidebar and in-camera discussions with potential jurors.

E. Trial counsel was ineffective since he failed to object to leading questions posed by the prosecutor.

F. Trial counsel was ineffective ...


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