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State of New Jersey v. Willie A. Peterson

September 7, 2012

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
WILLIE A. PETERSON, DEFENDANT-APPELLANT.



On appeal from the Superior Court of New Jersey, Law Division, Essex County, Indictment No. 02-08-3082.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted April 18, 2012 -

Before Judges Lihotz and Waugh.

Defendant Willie A. Peterson appeals from the denial of his petition for post-conviction relief (PCR). On appeal he argues:

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 FILE A MOTION TO SUPPRESS DEFENDANT'S STATEMENTS AS EXCITED UTTERANCES.

B. COUNSEL FAILED TO PREPARE A DIMINISHED CAPACITY DEFENSE.

C. COUNSEL FAILED TO CONSULT WITH DEFENDANT AND FAILED TO INITIATE PLEA NEGOTIATIONS.

D. COUNSEL WAS INEFFECTIVE DURING SENTENCING.

POINT II.

THE LOWER COURT ORDER MUST BE REVERSED IN LIGHT OF ADDITIONAL ERRORS.

POINT III.

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

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

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

Defendant submitted a pro se brief in which he argued:

A. POINT ONE:

DEFENDANT'S PCR ATTORNEY FAILED TO O[B]TAIN EITHER AFFIDAVITS OR CERTIFICATIONS FROM[] TRIAL COUNSEL . . . STATE'S COUNSEL . . . OR TRIAL JUDGE . . . AS TO WHY THE DEFENDANT WAS NOT ALLOWED TO ALSO BE PRESENT ON[] 6-27-[]01 . . . [OR] . . . 11-26-01 . . . DESPITE THERE BEING NO-WAIVER FROM THE DEFENDANT.

B. POINT ONE [SIC]:

DEFENDANT[']S TRIAL ATTORNEY NOT ONLY FAILED TO ADVISE HIM OF THE EXISTENCE OF THE TRIAL MEMORANDUM AND FAILED TO PROCURE DEFENDANT'S PRESENCE ...


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