On appeal from the Superior Court of New Jersey, Law Division, Passaic County, Indictment No. 01-08-0854. Yvonne Smith Segars, Public Defender, attorney for appellant (Michael Confusione, Designated Counsel, on the brief).
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Submitted December 15, 2010
Before Judges R. B. Coleman and Lihotz.
Defendant Benjamin Cox appeals from a August 25, 2008 order denying his petition for post-conviction relief (PCR), without benefit of an evidentiary hearing. On appeal defendant argues:
THE COURT SHOULD REVERSE THE DENIAL OF DEFENDANT'S PETITION FOR POST-CONVICTION RELIEF AND REMAND THIS MATTER FOR AN EVIDENTIARY HEARING ON DEFENDANT'S CLAIMS.
1. Defendant established at least prima facie evidence of ineffective assistance of counsel.
A. Failure to sufficiently investigate witnesses and obtain exculpatory witnesses on defendant's behalf.
B. Failure to consult appropriate expert witnesses.
C. Failure to request jury charges.
D. Failure to move to strike unsolicited and prejudicial witness testimony.
E. Failure to move for a mistrial.
F. Failure to pursue Batson/Gilmore challenge.
2. At the very least, the trial court erred in rejecting defendant's ineffective assistance claim without ...