On appeal from Superior Court of New Jersey, Law Division, Bergen County, Indictment No. 03-09-1830.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Before Judges Skillman and Simonelli.
A jury found defendant guilty of purposeful or knowing murder, in violation of N.J.S.A. 2C:11-3(a)(1) and (2); armed robbery, in violation of N.J.S.A. 2C:15-1; armed burglary, in violation of N.J.S.A. 2C:18-2; and various other offenses. The trial court sentenced defendant to life imprisonment, with thirty years of parole ineligibility, for the murder; a consecutive term of fifteen years imprisonment, with 85% of the term to be served without parole eligibility under the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2, for the armed robbery; and a concurrent seven-year term, with 85% of the term to be served without parole eligibility under NERA, for the armed burglary. The court merged defendant's other convictions.
On appeal, we affirmed defendant's convictions and sentence in an unreported opinion. State v. Wessel, A-1303-05T4 (June 20, 2007). The Supreme Court denied defendant's petition for certification. 197 N.J. 482 (2007).
Defendant filed a petition for post-conviction relief. The trial court denied the petition by an oral opinion rendered on November 3, 2008.
On appeal from the denial of defendant's petition, the Public Defender has submitted a brief on his behalf which presents the following arguments:
A CERTIFIED CRIMINAL ATTORNEY REPRESENTS THAT HE HAS AND WILL USE THAT SPECIAL DEGREE OF KNOWLEDGE AND SKILL POSSESSED BY OTHER SPECIALISTS IN THE FIELD OF CRIMINAL LAW.
DEFENDANT RECEIVED INEFFECTIVE ASSISTANCE OF COUNSEL WHEN TRIAL COUNSEL FAILED TO DISCOVER AND/OR INVESTIGATE THE DATE AND TIME OF DEATH OF THE VICTIM AND FAILED TO INVESTIGATE FACTS SUPPORTING DEFENDANT'S ALIBI DEFENSE.
DEFENDANT RECEIVED INEFFECTIVE ASSISTANCE OF COUNSEL WHEN TRIAL COUNSEL FAILED TO ENGAGE AND CONSULT EXPERT WITNESSES TO ...