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State of New Jersey v. Al Quaadir Green

January 11, 2012

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
AL QUAADIR GREEN,*FN1 DEFENDANT-APPELLANT.



On appeal from the Superior Court of New Jersey, Law Division, Essex County, Indictment No. 01-10-4345.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted October 12, 2011

Before Judges Messano and Espinosa.

Defendant Al Quaadir Green appeals from the denial of his petition for post-conviction relief (PCR) without an evidentiary hearing. He raises the following points on appeal:

I. THE PCR COURT ERRED IN DENYING DEFENDANT'S CLAIMS SUMMARILY AND IN DENYING DEFENDANT'S REQUEST FOR AN ADJOURNMENT PENDING THE PUBLIC DEFENDER'S DECISION ON WHETHER IT WOULD AUTHORIZE PCR COUNSEL TO HIRE A HANDWRITING EXPERT

II. THE PCR COURT ERRED IN FAILING TO CONDUCT AN EVIDENTIARY HEARING REGARDING DEFENDANT'S CLAIMS In a pro se supplemental brief, defendant raises the following arguments:

POINT I

APPELLANT'S PCR ATTORNEY RENDERED REMEDIAL INEFFECTIVE ASSISANCE OF COUNSEL IN NOT INDEPENDENTLY MARSHALLING APPELLANT'S CONSTITUTIONAL VIOLATION ISSUES FROM TRIAL, AS CONTRARY TO STATE V. RUE, INFRA, AND STATE V. WEBSTER, INFRA

POINT II

APPELLANT WAS DENIED TO PROVE/REFUTE [SIC] HIS LACK OF HANDWRITING ON A CRUCIAL LETTER BECAUSE TRIAL[,] APPELLATE[,] [AND] PCR ATTORNEYS RENDERED REMEDIAL INEFFECTIVE ASSISTAN[CE] OF COUNSEL[] IN NOT SECURING A HANDWRITITNG EXPERT AGAINST DAMAGING EVIDENCE

POINT III

TRIAL AND PCR ATTORNEYS BOTH[] BLUNTLY FAILED TO INVESTIGATE CONTRARY TO APPELLANT'S U.S. CONST. . . . 6TH AMEND. RIGHTS . . .

POINT IV

THE PRISON GARB PREJUDICE[D] APPELLANT['S] RIGHTS TO A FAIR . . . TRIAL MORESO [SIC] BECAUSE THE ATTORNEYS RENDERED INEFFECTIVENESS IN NOT PURSUING IT FURTHER CONTRARY TO THE U.S. CONST. 6TH, 14TH AMEND. RIGHTS WITH DUE PROCESS PROTECTION

POINT V

TRIAL, APPELLATE AND PCR COUNSELS RENDERED GROSS INEFFECTIVE ASSISTAN[CE] OF COUNSEL WHEN KNOWING APPELLANT NEVER RECEIVED VARIOUS PRETRIAL DISCOVERY FROM THE STATE THAT PREJUDICE[D] A FAIR JURY TRIAL; [THE INEFFECTIVE ASSISTANCE RESULTED IN] DENIAL OF THE U.S. CONST. 6TH AMEND. RIGHT TO CONFRONTATION AND CROSS EXAMINATION

POINT VI

THE FAILURE TO INVESTIGATE BY TRIAL AND PCR COUNSELS OVER APPELLANT'S SCARS ON HIS FACE AND TO SECURE THE WELL ESTABLISHED DOCUMENTS OF SAME WAS NOT A SOUND TACTIC BUT REMEDIAL INEFFECTIVE ASSISTANCE OF COUNSELS. APPELLANT RECEIVED THE CUTS/SLASHES AT THE ...


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