Call Now For Help

732.580.1237

NJ Did Not Allow PCR Defense Attorney to Appropriately Advance Client’s Position

25
Oct
2010

by in Criminal Appeals

In this recent PCR appellate victory, the NJ Appellate Division held that the trial judge did not allow the NJ Criminal Defense Attorney a fair opportunity to advance his client’s arguments.

State v. Graciela Malcolm, unpublished opinion, App. Div. Docket No. A-0744-08T4 (July 19, 2010) – Denial of PCR reversed, case remanded for a new hearing. “Our review of the record … raises concerns that the judge failed to recognize the obligation imposed on PCR counsel…. The tone of the April 25, 2008 argument is troublesome. The interaction between PCR counsel and the judge was contentious and overly argumentative. At times, the judge was openly dismissive of PCR counsel’s attempt to advance legal arguments on behalf of his client…. To the extent that the State suggests that PCR counsel ‘got under the skin’ of the judge, our response is simple. Counsel frequently annoy or irritate a judge and other counsel. At all times, however, the judge must maintain control and never allow the parties to conclude that one or the other did not receive a full and fair hearing of their claims. Here, PCR counsel was assigned to advance defendant’s claims. The trial record revealed that defendant was given to emotionally volatile behavior; the PCR record suggests that such behavior persists. The record before this court clearly suggests that the judge did not approach the claims advanced by PCR counsel in the spirit expected….”

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.