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State of New Jersey v. Cristian Vasile

October 19, 2011

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
CRISTIAN VASILE, DEFENDANT-APPELLANT.



On appeal from the Superior Court of New Jersey, Law Division, Monmouth County, Indictment No. 04-09-02255.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted September 21, 2011

Before Judges Graves and J. N. Harris.

Defendant Cristian Vasile appeals from the April 30, 2010 order denying his petition for post-conviction relief (PCR) without an evidentiary hearing. He argues entitlement to PCR based upon the following eight points:

POINT I: THE LOWER COURT ORDER MUST BE REVERSED SINCE DEFENDANT RECEIVED INEFFECTIVE ASSISTANCE OF TRIAL COUNSEL.

A. TRIAL COUNSEL WAS INEFFECTIVE IN FAILING TO REQUEST A SPRUILL CHARGE.

B. TRIAL COUNSEL WAS INEFFECTIVE IN FAILING TO CROSS-EXAMINE MS. VANDUYSEN CONCERNING THE LETTER SHE WROTE.

C. TRIAL COUNSEL WAS INEFFECTIVE IN FAILING TO ADMIT INTO EVIDENCE MS. VANDUYSEN'S LETTER.

D. TRIAL COUNSEL WAS INEFFECTIVE IN FAILING TO MOVE FOR DISMISSAL OF THREE COUNTS OF BURGLARY CONTAINED IN THE INDICTMENT.

E. TRIAL COUNSEL WAS INEFFECTIVE IN FAILING TO FILE A MOTION TO COMPEL DISCOVERY.

F. TRIAL COUNSEL WAS INEFFECTIVE DURING PLEA NEGOTIATIONS.

G. TRIAL COUNSEL WAS INEFFECTIVE DURING SENTENCING.

POINT II: THE LOWER COURT ORDER DENYING THE PETITION MUST BE REVERSED SINCE DEFENDANT RECEIVED INEFFECTIVE ASSISTANCE OF APPELLATE COUNSEL.

POINT III: THE PROSECUTOR ENGAGED IN MISCONDUCT DURING ENTRY OF THE PLEA. THE LOWER COURT ORDER MUST THEREFORE BE REVERSED.

POINT IV: THE PROSECUTOR ENGAGED IN MISCONDUCT THEREBY DEPRIVING DEFENDANT OF A FAIR TRIAL. THE LOWER COURT ORDER MUST THEREFORE BE REVERSED.

POINT V: THE LOWER COURT ORDER DENYING THE PETITION MUST BE REVERSED SINCE CUMULATIVE ERRORS RENDERED THE TRIAL, PLEA, AND APPEAL UNFAIR.

POINT VI: THE LOWER COURT ORDER DENYING THE PETITION MUST BE REVERSED SINCE DEFENDANT'S CLAIMS ARE NOT PROCEDURALLY BARRED UNDER R.3:22-4.

POINT VII: THE LOWER COURT ORDER DENYING THE PETITION MUST BE REVERSED SINCE DEFENDANT'S CLAIMS ARE NOT PROCEDURALLY BARRED UNDER R.3:22-5.

POINT VIII: THE LOWER COURT ERRED IN NOT GRANTING DEFENDANT'S REQUEST FOR AN EVIDENTIARY HEARING AND THE LOWER COURT ORDER MUST THEREFORE BE REVERSED.

We ...


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