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State v. Wispe

April 14, 2010

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
MANUEL WISPE, JR., DEFENDANT-APPELLANT.



On appeal from Superior Court of New Jersey, Law Division, Hudson County, Indictment No. 87-02-0224.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted February 1, 2010

Before Judges Carchman, Lihotz & Ashrafi.

Defendant Manuel Wispe, Jr. appeals from an order denying his second petition for post-conviction relief (PCR). In support of this appeal, defendant argues:

POINT I

THE PROCEDURAL BAR SHOULD NOT BE ENFORCED DUE TO THE EXCEPTION PROVIDED BY RULE 3:22-4(A), (B), (C) AND RULE 3:22-12.

POINT II

PROSECUTORIAL MISCONDUCT, OF WILLFUL NONDISCLOSURE OF BRADY MATERIAL. APPELLANT/WISPE, JR. WAS NOT INDI[]TED BY AN INDEPENDENT AND INFORMED GRAND JURY IN VIOLATION OF THE SIXTH AMENDMENT OF THE U.S. CONSTITUTION AND INEFFECTIVE ASSISTANCE OF COUNSEL DURING TRIAL.

POINT III

THE TRIAL [JUDGE] HON. THOMAS P. OLIVIERI'S UNINTENTIONALLY OBSTRUCTING OF GOVERNMENTAL OPERATI[O]NS, BY HIS PREJUDIC[E] OF THE JURY THEREBY, VIOLATING APPELLANT/WISPE, JR.'S RIGHT TO AN IMPARTIAL JURY.

POINT IV

APPELLANT/WISPE, JR., WAS DENIED HIS CONSTITUTIONAL RIGHTS TO A FAIR TRIAL BY THE HON. THOMAS P. OLIVIERI. AND APPELLANT WAS DENIED HIS CONSTITUTIONAL RIGHTS TO EFFECTIVE ASSISTANCE OF COUNSEL AT TRIAL IN ...


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