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State v. Hurling

April 14, 2010

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
RICHARD HURLING, DEFENDANT-APPELLANT.



On appeal from the Superior Court of New Jersey, Law Division, Union County, Indictment No. 96-08-0962.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted March 15, 2010

Before Judges Lisa, Baxter and Alvarez.

Defendant appeals from the denial of his petition for post conviction relief (PCR). He is serving a forty-year term of imprisonment subject to a thirty-year parole disqualifier for murder. He was convicted in December 1997 and sentenced on February 20, 1998. In an unpublished opinion, we affirmed defendant's conviction and sentence. State v. Hurling, No. A-6618-97 (App. Div. January 24, 2000). The Supreme Court denied defendant's petition for certification. State v. Hurling, 165 N.J. 532 (2000).

Defendant raises the following arguments:

POINT I

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

A. Trial counsel failed to investigate or develop a defense based on defendant's mental condition.

B. Trial counsel failed to subpoena and present essential witnesses at trial.

C. Trial counsel was ineffective in regards to the charge to the jury.

D. Trial counsel failed to consult and present the testimony of an appropriate expert.

E. Trial counsel failed to object to the prosecutor's inappropriate comments during summation.

F. Trial counsel deprived defendant of his opportunity to testify on his own behalf.

G. Trial counsel was ineffective in failing to argue applicable mitigating factors during sentencing.

H. Trial counsel failed to argue that defendant's confession should have been suppressed since defendant waived his rights after giving the statement.

POINT II

THE LOWER COURT ORDER DENYING THE PETITION MUST BE REVERSED SINCE DEFENDANT RECEIVED INEFFECTIVE ...


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