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State v. Jackson

January 8, 2010

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
WILLIE JACKSON, DEFENDANT-APPELLANT.



On appeal from Superior Court of New Jersey, Law Division, Essex County, Indictment No. 04-02-0455.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted October 15, 2009

Before Judges Cuff and Payne.

Defendant, Willie Jackson, appeals from the denial of his petition for post-conviction relief (PCR) without a hearing. On appeal, he raises the following arguments:

POINT I

DEFENDANT'S PETITION FOR POST CONVICTION RELIEF SHOULD NOT BE PROCEDURALLY BARRED FROM CONSIDERATION ON THE MERITS.

POINT II

DEFENDANT RECEIVED INEFFECTIVE ASSISTANCE OF TRIAL COUNSEL FOR COUNSEL'S MISADVICE ON THE EVIDENTIARY NATURE OF HIS CRIMINAL RECORD WHICH EFFECTIVELY COERCED DEFENDANT INTO ACCEPTING A GUILTY PLEA.

POINT III

DEFENDANT RECEIVED INEFFECTIVE ASSISTANCE OF TRIAL COUNSEL WHEN COUNSEL FAILED TO ENSURE THE DEFENDANT POSSESSED THE MENTAL CAPACITY TO UNDERSTAND HIS PLEA OFFER AND THE POSSIBLE PENAL CONSEQUENCES OF SUCH AND/OR ARGUE DEFENDANT'S MENTAL HEALTH DISORDER AS [A] MITIGATING CIRCUMSTANCE.

POINT IV

DEFENDANT'S SENTENCE MUST BE VACATED DUE TO THE IMPROPRIETY OF THE JUDGE'S COMMENTS PRIOR TO IMPOSING SENTENCE AND/OR DEFENDANT RECEIVED INEFFECTIVE ASSISTANCE OF TRIAL COUNSEL WHEN COUNSEL FAILED TO CHALLENGE THE BIAS VISITED UPON DEFENDANT DURING SENTENCING.

POINT V

DEFENDANT HAS SUBMITTED PRIMA FACIE EVIDENCE THAT HE RECEIVED INEFFECTIVE ASSISTANCE OF COUNSEL AND IS THEREFORE ...


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