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State v. Alston

July 29, 2010

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
ANDREW ALSTON, DEFENDANT-APPELLANT.



On appeal from the Superior Court of New Jersey, Law Division, Mercer County, Indictment Nos. 91-05-0276/88-12-1459.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted May 24, 2010

Before Judges Rodríguez and Chambers.

In these back-to-back appeals, which we consolidate for purposes of this opinion, defendant Andrew Alston appeals from the denial of two second petitions for post-conviction relief involving two separate indictments, Indictment No. 88-12-1459 and Indictment No. 91-05-0276. State v. Alston, No. A-3398-08. He also appeals from the denial of his application for a medical release from prison. State v. Alston, Docket No. A-1664-08. We affirm the denial of the petitions for post-conviction relief, and remand the application for a medical release from prison.

I.

We will first address the appeal from the denial of the two petitions for post-conviction relief. State v. Alston, No. A-3398-08. On appeal, defendant, in his brief filed by counsel, raises the following issues:

POINT I

THE PCR COURT ABUSED ITS DISCRETION IN RULING THAT BOTH OF THE DEFENDANT'S PETITIONS FOR CERTIFICATION WERE PROCEDURALLY BARRED BY THE 5 YEAR TIME BAR OF R. 3:22-12 BECAUSE THE PRIOR FINDING BY THE APPELLATE DIVISION THAT THESE METTERS [sic] WERE "PLAGUED" BY "PROCEDURAL CONFUSION" SATISFIED THE EXCUSABLE NEGLECT EXCEPTION TO THE RULE.

POINT II

THE ORDER DENYING POST-CONVICTION RELIEF SHOULD BE REVERSED BECAUSE THE DEFICIENT PERFORMANCES BY BOTH TRIAL COUNSEL AND THE RESULTING PREJUDICE TO THE DEFENDANT SATISFIED THE STRICKLAND/FRITZ TEST FOR INEFFECTIVE ASSISTANCE OF COUNSEL.

POINT III

THE COURT'S RULING DENYING POST-CONVICTION RELIEF VIOLATED THE DEFENDANT'S RIGHT TO EFFECTIVE ASSISTANCE OF COUNSEL AS GUARANTEED BY THE SIXTH ...


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