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State of New Jersey v. Michael Burton

December 14, 2010

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
MICHAEL BURTON, DEFENDANT-APPELLANT.



On appeal from the Superior Court of New Jersey, Law Division, Atlantic County, Indictment Nos. 04-01-0010 and 03-10-1820.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted October 27, 2010 - Decided Before Judges Axelrad and Lihotz.

Defendant Michael Burton*fn1 appeals from a May 14, 2008 order denying his petition for post-conviction relief (PCR). On appeal defendant argues:

POINT I

THE ORDER DENYING POST-CONVICTION RELIEF SHOULD BE REVERSED BECAUSE THE POST-CONVICTION COURT ERRED IN DENYING RELIEF WHERE TRIAL COUNSEL RENDERED INEFFECTIVE ASSISTANCE OF COUNSEL.

A. PETITIONER-APPELLANT'S PLEA MUST BE VACATED SINCE THERE WAS AN INADEQUATE FACTUAL BASIS TO SUPPORT THE PLEA.

B. THE POST-CONVICTION COURT ERRED IN DENYING POST-CONVICTION RELIEF WHERE TRIAL COUNSEL FAILED TO EFFECTIVELY PURSUE A DEFENSE INVOLVING "THIRD[-] PARTY GUILT."

C. THE POST-CONVICTION COURT ERRED IN FINDING THAT TRIAL COUNSEL WAS NOT INEFFECTIVE FOR FAILURE TO PROPERLY PURSUE A WADE*fn2 MOTION.

D. THE POST-CONVICTION COURT ERRED IN FAILING TO AWARD JAIL CREDITS TO PETITIONER-APPELLANT OR BY FAILING TO ORDER POST-CONVICTION RELIEF BASED UPON COUNSEL'S FAILURE TO ADVISE HOW JAIL CREDITS WOULD AFFECT HIS SENTENCE.

E. THE POST-CONVICTION COURT ERRED BY DENYING PETITIONER-APPELLANT RELIEF BASED UPON THE IMPROPER ISSUANCE OF ARREST WARRANTS.

POINT II

THE ORDER DENYING POST-CONVICTION RELIEF SHOULD BE REVERSED AND THE MATTER REMANDED TO THE LAW DIVISION SINCE THE POST- CONVICTION COURT ERRED IN DENYING A[N EVIDENTIARY] HEARING ON [DEFENDANT'S] PETITION FOR POST-CONVICTION RELIEF ALLEGING INEFFECTIVE ...


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