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State of New Jersey v. Lucmane Dazilme

November 9, 2012

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
LUCMANE DAZILME, DEFENDANT-APPELLANT.



On appeal from the Superior Court of New Jersey, Law Division, Union County, Indictment No. 02-09-1111.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted October 10, 2012

Before Judges Lihotz and Ostrer.

Defendant Lucmane Dazilme appeals from the July 12, 2010 order denying his petition for post-conviction relief (PCR) and his request for an evidentiary hearing. On appeal, defendant argues:

POINT ONE

THE TRIAL COURT ERRED IN DENYING THE DEFENDANT'S PETITION FOR POST CONVICTION RELIEF WITHOUT AFFORDING HIM AN EVIDENTIARY HEARING TO DETERMINE WHETHER HIS TRIAL AND APPELLATE COUNSEL WERE INEFFECTIVE.

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

B. THE TIME BAR OF R. 3:22-4 CONCERNING THE OPPORTUNITY TO RAISE CERTAIN ISSUES PREVIOUSLY DOES NOT APPLY TO DEFENDANT'S CASE.

C. TRIAL COUNSEL WAS INEFFECTIVE FOR FAILING TO FILE A MOTION TO DISMISS THE INDICTMENT.

D. TRIAL COUNSEL WAS INEFFECTIVE FOR FAILING [TO] ADVISE DEFENDANT THAT HE HAD A RIGHT TO TESTIFY ON HIS OWN BEHALF.

E. TRIAL COUNSEL WAS INEFFECTIVE FOR FAILING TO CALL DEFENDANT'S GIRLFRIEND, KEISHA ANDERSON, AS A WITNESS.

F. DEFENDANT WAS DENIED THE EFFECTIVE ASSISTANCE OF ...


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