Call Now For Help

732.580.1237

App. Div. Holds Counsel Was Ineffective on PCR

30
Apr
2010

by in Criminal Appeals

State v. Jamal Muhammad, unpublished opinion, App. Div. Docket No. A-3219-06T4 (March 31, 2010) – Denial of PCR reversed, case remanded for new hearing. “Defendant appeals, contending that he was constructively denied his right to counsel at his PCR hearing because PCR counsel did not consult with him, failed to raise the issues he requested, and submitted a brief so deficient that PCR counsel appeared to be arguing the facts of a case other than his case.

For example, PCR counsel wrote in the brief that ‘[n]o statements were collected from the victims, there were no interviews conducted of people who witnessed the alleged crime, and there were [no] statements taken from the victim indicating that she was not injured from the actions of [defendant].’

However, there was only one victim in this case, the victim was a male, and he died as a result of the incident. PCR counsel also raised issues not supported by the record, i.e., that defendant should have received rehabilitation, rather than prison, for a murder conviction…. We conclude that PCR counsel violated Rule 3:22-6(d) by failing to present all of defendant’s PCR petition claims, and by filing a deficient brief. Accordingly, this matter must be remanded for a new PCR hearing.”

LOCATIONS

*ALL LOCATIONS BY APPOINTMENT ONLY*

CALL NOW FOR HELP

732.580.1237

CONNECT WITH US

*No aspect of this advertisement has been approved by the Supreme Court of New Jersey | Rating Methodology | Disclaimer | Privacy Policy
The information contained in on this website is for general information purposes only. The information is provided by The Law Offices of Anthony J. Vecchio and while we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to The Law Offices of Anthony J. Vecchio or the information, products, or services contained on www.anthonyvecchiolaw.com for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
The results of verdicts and settlements mentioned herein are not typical. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.

Site by Consultwebs.com: Law Firm Website Designers / Criminal Defense/DWI Lawyer Marketing.