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State v. Georges

July 9, 2010

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
ASHLEY A. GEORGES, DEFENDANT-APPELLANT.



On appeal from Superior Court of New Jersey, Law Division, Essex County, Indictment No. 00-04-1057.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted March 23, 2010

Before Judges Skillman and Fuentes.

Defendant Ashley A. Georges appeals from the order of the trial court denying his post-conviction relief (PCR) petition. We affirm.

On December 12, 2001, a jury convicted defendant of purposeful or knowing murder, N.J.S.A. 2:11-3a(1),(2), second degree possession of a firearm for an unlawful purpose, N.J.S.A. 2C:39-4a, and third degree unlawful possession of a firearm, N.J.S.A. 2C:39-5b. The court sentenced defendant on February 8, 2002, to an aggregate term of life imprisonment with a thirty-year period of parole ineligibility. We affirmed defendant's conviction and sentence on direct appeal. State v. Georges, No. A-3960-01 (App. Div. Sept. 29, 2003), certif. denied, 180 N.J. 453 (2004).

On July 15, 2005, defendant filed this PCR petition pro se, arguing, inter alia, that he was denied the effective assistance of trial and appellate counsel. The court thereafter assigned counsel to represent defendant in the prosecution of the petition. PCR counsel filed a supplemental brief in support of defendant's pro se petition. After hearing the argument of counsel, the PCR judge found that defendant failed to establish a prima facie case of ineffective assistance of counsel, and denied the petition without a hearing.

Defendant now appeals raising the following arguments:

POINT ONE

THE LOWER COURT SHOULD HAVE GRANTED THE DEFENDANT'S POST-CONVICTION RELIEF PETITION, BASED ON THE INEFFECTIVE ASSISTANCE OF TRIAL COUNSEL, BECAUSE THE DEFENDANT'S TRIAL COUNSEL COMMITTED SERIOUS MISTAKES AND THESE MISTAKES DEPRIVED THE DEFENDANT OF A FAIR TRIAL.

A. THE DEFENDANT'S TRIAL COUNSEL FAILED TO MOTION [sic] TO SUPPRESS EVIDENCE, GAUZE BANDAGE AND DNA RESULTS, CONNECTED WITH THE ILLEGAL SIEZURE [sic] OF THE CAR ALLEGEDLY USED DURING THE OFFENSE.

B. THE DEFENDANT'S TRIAL COUNSEL FAILED TO OBJECT TO A MISLEADING AND FLAWED MURDER INSTRUCTION.

C. THE DEFENDANT'S TRIAL COUNSEL FAILED TO OBJECT TO A MISLEADING AND FLAWED JURY CHARGE CONCERNING THE IDENTIFICATION OF THE DEFENDANT BY THE STATE'S WITNESS, RIDDICK.

D. THE DEFENDANT'S TRIAL COUNSEL FAILED TO OBJECT WHEN THE TRIAL JUDGE MISHANDLED A JURY REQUEST ...


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