State v. Rappisi

On appeal from the Superior Court of New Jersey, Law Division, Union County, Indictment No. 94-04-0524.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted September 22, 2009

Before Judges Wefing and Messano.

Defendant Paul Rappisi appeals pro se from the denial of his petition for post-conviction relief (PCR) without an evidentiary hearing. He raises the following points on appeal:

POINT 1

TRIAL COURT ERRED IN DENYING DEFENDANT'S PETITION FOR POST CONVICTION RELIEF, WHERE TRIAL COURT DID NOT SET FORTH ANY FINDINGS OF FACT OR CONCLUSIONS OF LAW AS REQUIRED BY RULE 1:7-4; 3:22-11.

POINT 2

THE DEFENDANT'S RIGHT TO A FAIR TRIAL WAS PREJUDICED BY COMMENTS MADE BY THE PROSECUTOR IN SUMMATION. (Not Raised Below)

POINT 3

THE TRIAL COURT ERRED BECAUSE DEFENDANT'S TAPE-RECORDED STATEMENT SHOULD HAVE BEEN SUPPRESSED ON THE GROUND THE STATEMENTS IT CONTAINED WERE NOT VOLUNTARY AND WERE OBTAINED ONLY AFTER DEFENDANT'S WILL WAS OVERBORNE.

POINT 4

THE TRIAL COURT ERRED FOR FAILING TO CONDUCT A PLENARY HEARING AS TO THE LEGAL VOLUNTARINESS OF THE STATEMENTS MADE TO THE CO-DEFENDANT WHILE HE ...