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State of New Jersey v. Shawn Meyers A/K/A Shawn Myers

January 23, 2012

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
SHAWN MEYERS A/K/A SHAWN MYERS,*FN1 DEFENDANT-APPELLANT.



On appeal from the Superior Court of New Jersey, Law Division, Union County, Indictment No. 04-04-0310.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted January 11, 2012

Before Judges Fuentes and Harris.

Defendant Shawn Myers appeals from the July 24, 2009 order denying his petition for post-conviction relief (PCR) without an evidentiary hearing. He claims that he is entitled to PCR based upon the following arguments:

POINT I: THE TRIAL COURT ERRED IN DENYING THE DEFENDANT'S PETITION FOR POST CONVICTION RELIEF WITHOUT AFFORDING HIM AN EVIDENTIARY HEARING TO DETERMINE WHETHER COUNSEL WAS INEFFECTIVE FOR FAILING TO CHALLENGE THE LACK OF PROBABLE CAUSE FOR THE SEARCH WARRANT AND FOR FAILING TO FILE A MIRANDA MOTION.

A. THE PREVAILING LEGAL PRINCIPLES REGARDING CLAIMS OF INEFFECTIVE ASSISTANCE OF COUNSEL, EVIDENTIARY HEARINGS AND PETITIONS FOR POST CONVICTION RELIEF.

B. TRIAL COUNSEL WAS INEFFECTIVE FOR FAILING TO RAISE A CLAIM THAT THE SEARCH WARRANT WAS INVALID DUE TO A LACK OF PROBABLE CAUSE FOR ITS ISSUANCE.

C. TRIAL COUNSEL WAS INEFFECTIVE FOR FAILING TO FILE A MOTION TO SUPPRESS THE STATEMENTS DEFENDANT PROVIDED TO POLICE AS A RESULT OF THE ILLEGAL SEARCH OF HIS RESIDENCE.

D. THE CUMULATIVE ERRORS COMMITTED BY TRIAL COUNSEL RESULTED IN INEFFECTIVE LEGAL ASSISTANCE.

E. THE TIME BAR OF R[ULE] 3:22-4 CONCERNIMG THE OPPORTUNITY TO RAISE CERTAIN ISSUES PREVIOUSLY DOES NOT APPLY TO DEFENDANT'S CASE.

We affirm.

I.

Myers pled guilty to second-degree possession of a controlled dangerous substance with intent to distribute, N.J.S.A. 2C:35-5(a)(1), -5(b)(2); and second-degree certain persons not to have weapons, N.J.S.A. 2C:39-7(b). He was sentenced to an aggregate ...


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