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State v. Davis

Superior Court of New Jersey, Appellate Division

October 23, 2013

STATE OF NEW JERSEY, Plaintiff-Respondent,
v.
OMAR N. DAVIS, Defendant-Appellant.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Argued October 8, 2013.

On appeal from Superior Court of New Jersey, Law Division, Atlantic County, Indictment No. 00-06-1292.

A. Harold Kokes argued the cause for appellant.

Mario C. Formica, Special Deputy Attorney General/Acting Assistant Prosecutor, argued the cause for respondent (James P. McClain, Acting Atlantic County Prosecutor, attorney; Mr. Formica, on the brief).

Before Fisher, Koblitz and O'Connor, Judges.

PER CURIAM

Defendant Omar N. Davis appeals from the October 30, 2012 denial of his petition for post-conviction relief (PCR) without an evidentiary hearing. We affirm.

After an initial mistrial due to the improper testimony of a police witness, a jury convicted defendant of first-degree murder of Raamah Huggins-El, N.J.S.A. 2C:11-3a(1)(2), and possession of a shotgun for an unlawful purpose, N.J.S.A. 2C:39-4a. Defendant was sentenced to life imprisonment with thirty years parole ineligibility for the murder conviction and a concurrent ten-year term for the weapons conviction. We affirmed on direct appeal. State v. Davis, Docket No. A-0058-03 (App. Div. April 19, 2006). As we indicated in that opinion, defendant shot the victim several times with a shotgun. He was convicted largely on the basis of circumstantial evidence and his incriminating statements to others. Defendant testified on his own behalf, denying his guilt and indicating his whereabouts away from the crime scene on the night of the shooting.

On appeal defendant raises the following issues:

POINT I: THE LOWER COURT ERRED IN DENYING PETITIONER'S POST-CONVICTION RELIEF APPLICATION WITHOUT SCHEDULING AN EVIDENTIARY HEARING.
POINT II: THE LOWER COURT ERRED IN DENYING PETITIONER'S REQUEST THAT THE RECORD REMAIN OPEN PENDING THE STATE'S SUPPLYING AN OFFICIAL TRANSCRIPT OF THE NOVEMBER 7, 2001 PROCEEDINGS.
POINT III: THE LOWER COURT ERRED IN REFUSING TO SHIFT THE BURDEN TO THE STATE IN LIGHT OF PETITIONER'S UNREBUTTED SUBMISSIONS THAT NO MEANINGFUL PRETRIAL CONFERENCE, WHATSOEVER, OCCURRED.
POINT IV: THE LOWER COURT ERRED IN FAILING TO REQUIRE THE STATE TO COMPEL THE PRESENCE OF PETITIONER'S FORMER TRIAL COUNSEL, NOW ...

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