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State of New Jersey v. Kevin Planker

March 15, 2011

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
KEVIN PLANKER, DEFENDANT-APPELLANT.



On appeal from the Superior Court of New Jersey, Law Division, Bergen County, Indictment No. S-244-98.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted June 1, 2010

Decided Motion for reconsideration granted.

Resubmitted February 17, 2011

June 18, 2010

Before Judges Lisa and Coburn.

We filed an opinion on June 18, 2010, disposing of this appeal, which was from the denial of post-conviction relief ("PCR"). Defendant filed a motion for reconsideration on August 11, 2010, and on September 8, 2010, we granted the motion, allowing defendant to file and have us consider his pro se brief. The brief was filed on February 17, 2011, and raised these arguments:

POINT ONE-

BECAUSE THE EXISTING RECORD PROVES CUMULATIVE ERROR VIOLATED THE SIXTH AND FOURTEENTH AMENDMENTS TO THE UNITED STATES CONSTITUTION AND DEPRIVED PETITIONER OF A FAIR TRIAL AND EFFECTIVE ASSISTANCE OF COUNSEL, THE CONVICTION MUST BE REVERSED ON THE EXISTING RECORD PURSUANT TO STRICKLAND V. WASHINGTON AND TAYLOR V. KY.

Complete Ineffectiveness Claims Raised but Not Ruled on.

Cumulative-Error Arguments Raised but Not Rules on.

I. The Aggregate of Other-Crimes/Other-Bad-Acts Errors Warrants Reversal Without an Evidentiary Hearing Because the Record is Fully Developed and the Errors Had the Clear Capacity to Have Brought About an Unjust Result through Cumulative Prejudice that, at the Very Least, Likely Led to a Murder Conviction Rather than a Manslaughter Conviction.

a. Complete 404(b) Prejudice Not Fully Listed By Counsel.

b. Clear Authority on 404(b) Prejudice.

c. Lack of Strategy Excuse for ...


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