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State v. Malcolm

July 19, 2010

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
GRACELIA MALCOLM, DEFENDANT-APPELLANT.



On appeal from the Superior Court of New Jersey, Law Division, Atlantic County, Indictment No. 03-10-2002.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Argued: May 12, 2010

Before Judges Cuff, C.L. Miniman and Fasciale.

Defendant Gracelia Malcolm appeals from the denial of her petition for post-conviction relief (PCR). Following conviction of resisting arrest and aggravated assault, defendant was sentenced to concurrent three-year probationary terms conditioned on sixty days in the county jail. We affirmed defendant's conviction on direct appeal. State v. Malcolm, No. A-6981-03 (App. Div. Apr. 21, 2006), certif. denied, 187 N.J. 82 (2006).

On appeal, defendant raises the following arguments:

POINT ITHE ORDER DENYING POST-CONVICTION RELIEF SHOULD BE REVERSED AND THE MATTER REMANDED FOR A NEW HEARING BEFORE A DIFFERENT JUDGE BECAUSE TO CHARGE PCR COUNSEL WITH THE RESPONSIBILITY OF ADVANCING ALL POST-CONVICTION RELIEF CLAIMS, AND THEN HAVE PCR COUNSEL SUBJECTED TO THE COURT'S DERISION, INSULT, AND ACCUSATION, SIMPLY FOR DOING HIS JOB, DEPRIVED THE DEFENDANT OF THE TYPE OF HEARING GUARANTEED BY R. 3:22.

(A)

THE COURT VIOLATED THE "LETTER AND THE SPIRIT" OF R. 3:22-6 AND POST-CONVICTION RELIEF CRITERIA ARTICULATED IN STATE V. RUE, 175 N.J. 1 (2002).

(1)

THE COURT MALIGNED PCR COUNSEL AND ACCUSED PCR COUNSEL OF MISREPRESENTATION AND FALSEHOOD.

(2)

THE COURT IMPROPERLY PLACED PCR COUNSEL IN THE POSITION OF HAVING TO ASSESS THE MERITS ...


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