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Post Conviction Relief

12
Jun
2010

by in Criminal Appeals

State v. Mark Goodson, unpublished opinion, App. Div. Docket No. A-1800-08T4 (May 18, 2010) – Denial of PCR reversed, case remanded for evidentiary hearing. “We disagree that trial counsel was ineffective with regard to defendant’s sentence and find that the issue is procedurally barred.

However, we agree that the judge should have granted an evidentiary hearing regarding the allegation of ineffective assistance with respect to the statement by G.M. that she was willing to testify for the defense. Therefore, we remand the matter for an evidentiary hearing….

Here, the issue regarding the G.M. letter could not be resolved by a review of the trial record and therefore could not have been raised on direct appeal. The G.M. statement on its face establishes that a witness had firsthand information that, if believed by the jury, could exonerate defendant. Therefore, the PCR judge should hold an evidentiary hearing and address the issue on its merits. Trial counsel should give testimony as to his reasons for not calling G.M. We have no view of the merits of defendant’s application.”

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