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State v. Pandure

May 5, 2010

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
JAMIE PANDURE, DEFENDANT-APPELLANT.



On appeal from Superior Court of New Jersey, Law Division, Monmouth County, Indictment No. 96-03-0371.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted April 20, 2010

Before Judges Skillman and Gilroy.

A jury found defendant guilty of murdering his wife. The trial court sentenced defendant to a seventy-five year term of imprisonment, with thirty years of parole ineligibility.

On defendant's direct appeal, we affirmed his conviction and sentence in an unreported opinion. State v. Pandure, No. A-1078-98T4 (July 25, 2001). The Supreme Court denied defendant's petition for certification. 170 N.J. 208 (2001).

Defendant filed a petition for post-conviction relief. Judge Neafsey denied defendant's petition for the reasons expressed in a comprehensive oral opinion.

On appeal, the Public Defender submitted a brief on defendant's behalf which presents the following arguments:

POINT I:

DEFENDANT'S CONVICTIONS MUST BE REVERSED DUE TO INEFFECTIVE ASSISTANCE OF TRIAL COUNSEL; IN THE ALTERNATIVE, THIS MATTER MUST BE REMANDED BECAUSE A PRIMA FACIE CASE OF INEFFECTIVENESS OF TRIAL COUNSEL WAS ESTABLISHED.

A. TRIAL COUNSEL FAILED TO OBJECT TO THE STATE'S USE OF A TIME CHART DURING SUMMATION, FAILED TO HAVE IT ADMITTED FOR THE JURY'S CONSIDERATION AFTER THE STATE'S SUMMATION, AND FAILED TO PRESENT A DEFENSE GRAPHIC DISPLAY.

B. TRIAL COUNSEL FAILED TO OBJECT TO JUROR NO. 13 WHO CONTAMINATED THE JURY POOL.

C. TRIAL COUNSEL FAILED TO PURSUE THE JURY'S HAVING EXTRA-JUDICIAL INFORMATION.

D. TRIAL COUNSEL FAILED TO MOVE FOR A SPEEDY TRIAL, RESULTING IN DEFENDANT NOT BEING TRIED FOR MORE THAN ...


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