NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3.
SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-1544-20
STATE OF NEW JERSEY,
Plaintiff-Respondent,
v.
BRENDON N. MATOS,
Defendant-Appellant. _______________________
Submitted October 24, 2023 – Decided December 15, 2023
Before Judges Natali and Puglisi.
On appeal from the Superior Court of New Jersey, Law Division, Morris County, Indictment No. 11-10-1115.
Joseph E. Krakora, Public Defender, attorney for appellant (Frank M. Gennaro, Designated Counsel, on the briefs).
Robert J. Carroll, Morris County Prosecutor, attorney for respondent (Tiffany M. Russo, Assistant Prosecutor, on the brief).
PER CURIAM Defendant Brendan N. Matos appeals from the Law Division's June 29,
2020 order denying his post-conviction relief (PCR) petition without an
evidentiary hearing. We affirm.
I.
Consistent with the terms of his negotiated plea agreement, defendant pled
guilty in 2014 to the first-degree felony murder of his father, along with first-
degree robbery and second-degree unlawful possession of a weapon. After
merger and consideration of the applicable aggravating and mitigating factors,
the court sentenced defendant to a forty-year aggregate custodial term with an
eighty-five percent parole ineligibility period subject to the No Early Release
Act, N.J.S.A. 2C:43-7.2. Defendant appealed only his sentence and we
affirmed. State v. Matos, No. A-1994-14 (App. Div. April 15, 2015).
Following his appeal, defendant filed a timely petition for PCR in which
he asserted his plea counsel's representation "during pre-trial . . . and during plea
discussions and negotiations" was constitutionally ineffective under the two-part
test established in Strickland v. Washington, 466 U.S. 668, 687 (1984).1
1 To establish ineffective assistance of counsel, a convicted defendant must satisfy the two-part test enunciated in Strickland, 466 U.S. at 687, by demonstrating that: 1) counsel's performance was deficient, and 2) the deficient performance actually prejudiced the accused's defense. The Strickland test has
A-1544-20 2 Defendant's appointed PCR counsel filed a supplemental petition and brief
detailing defendant's claims.2
Defendant argued his plea counsel failed to "raise issues which
would . . . assist in his defense," such as "fully" pursuing a Miranda3 hearing to
suppress an inculpatory statement elicited during his interrogation. Defendant
argued his statement was illegally obtained, and that he did not knowingly,
voluntarily or intelligently waive his rights.
Specifically, defendant claimed his statement should have been
suppressed based on defendant's "clear[]" invocation of counsel at several
points, as well as defendant's diminished mental state during the interrogation.
Among other evidence, defendant relied on the report of Dr. Robert Lattimer,
been adopted for application under our State constitution. See State v. Fritz, 105 N.J. 42, 58 (1987). 2 Before us, defendant has not asserted all the arguments he raised before the PCR court. For purposes of conciseness, we address only those arguments which defendant presently appeals to us. As he has failed to reprise the remaining ineffective assistance of counsel claims presented to the PCR court, we accordingly deem those unbriefed arguments waived. See Telebright Corp. v. Dir., N.J. Div. of Taxation, 424 N.J. Super. 384, 393 (App. Div. 2012) (deeming a contention waived when the party failed to include any arguments supporting the contention in its brief); Pressler & Verniero, Current N.J. Court Rules, cmt. 5 on R. 2:6-2 (2023) ("[A]n issue not briefed is deemed waived."). 3 Miranda v. Arizona, 384 U.S. 436 (1966). A-1544-20 3 M.D., P.A., one of the experts he retained who opined he was "clearly
delusional" during his interrogation based on his incoherent speech and
references to his deceased father. On this point, defendant pointed to several
instances during his interview as indicative of his confusion and uncertainty,
such as when he stated, "So I guess I'm talking now?," repeated references to
communicating with his deceased father, as well as his statement to one of the
interrogating officers "Why didn't you wait for a lawyer?"
According to defendant, the police ignored his invocation of his right to
an attorney in an effort to coerce a confession, as evidenced by the length of his
interview, and the officers' refusal to provide him with dry clothing and
necessary medical care. Further, he contended the interrogating officers failed
to clarify his unambiguous requests for representation. Defendant argued his
plea counsel's failure to pursue an application suppressing his statement
prejudiced him as it was "essentially the best and only evidence against
[defendant]."
As to his representation during the plea negotiations, defendant claimed
his counsel was constitutionally deficient by coercing him to plead guilty.
Defendant argued he was improperly "led to believe he would lose at trial, would
receive a harsher sentence, and had no other recourse but to plead guilty."
A-1544-20 4 Further, defendant maintained his plea counsel refused to communicate with him
regarding the plea offer, and only informed him of its existence moments before
the plea hearing.
Defendant also submitted certifications in support of his petition from
both him and his mother. Defendant's certification described that when he was
a teenager he "began [to] hear[] voices telling [him] to rob, steal and do drugs."
Defendant further stated on the day of the incident he saw "people on the lawn
and heard voices" which told him his "father was going to kill [him]," and
leading up to the murder he had not slept in eight days.
In discussing the interrogation, defendant stated he "had no idea what was
going on and thought [his] father was alive and trying to hire [him] an attorney
after [his] multiple requests for an attorney." He further certified he was not
given any of his prescription medications while he was incarcerated despite
"desperately" requiring them.
Defendant also certified his plea counsel was aware he was not provided
his necessary medication and "used this to his advantage to trick [him] into
taking a plea of forty . . . years." As related to his plea, defendant maintained
plea counsel advised him he "had to accept the plea deal because [he] would be
A-1544-20 5 found guilty" at trial, and also stated plea counsel manipulated him to accept the
offer by informing him his mother would go bankrupt if they proceeded to trial.
He also stated plea counsel met with him on only two occasions, "for
under ten minutes each time" despite requesting more visits. Defendant also
certified he was under the impression he was attending a Miranda hearing on the
day of his plea proceeding, and because he had not received his medication, he
"was very confused and disoriented" when plea counsel "forced [him] to take
the . . . deal" minutes before the hearing. Defendant also maintained his plea
counsel emailed his mother and instructed her "not to tell [defendant] he was
working on a plea deal prior to . . . [the] hearing."
Defendant further detailed he explicitly told plea counsel he was "not
willing to plead to any deal that would expose [him] to a sentence greater than
twenty . . . years." He reiterated he would not have accepted the plea deal had
plea counsel properly advised defendant on the viability of a Miranda motion.
Defendant's mother's certification similarly described that plea counsel
visited defendant only twice throughout his representation for approximately ten
minutes each visit. She also certified that while imprisoned, defendant failed to
receive his necessary medication. His mother attested plea counsel emailed her
in October 2013, and stated she "should not tell [defendant] yet that [plea
A-1544-20 6 counsel] was attempting to resolve the case by way of a plea deal." In addition,
she stated defendant was not informed about his plea deal until five minutes
prior to the hearing, but did not specify if she personally witnessed this
interaction or if she was informed about it by defendant.
After considering the parties' submissions, record, and oral arguments,
Judge Stephen J. Taylor applied the well-recognized standard in Strickland, 466
U.S. at 687, and found defendant failed to establish a prima face claim his plea
counsel was ineffective. Accordingly, he denied defendant's petition without an
evidentiary hearing and detailed his reasoning in a thoughtful and
comprehensive forty-seven-page written opinion.
Judge Taylor determined defendant's claims were not procedurally barred
under Rules 3:22-3 and 3:22-4(a), contrary to the State's arguments. He
explained defendant's substantive Strickland claims were ripe for review,
explaining that although defendant "waived his right to challenge the
admissibility of his confession and assert affirmative defenses by virtue of his
guilty plea," he was within his right to "argue that counsel's failure to pursue
those claims and defenses in the prior proceedings amounted to ineffective
assistance of counsel."
A-1544-20 7 As to the merits, Judge Taylor rejected defendant's argument that plea
counsel was ineffective for failing to pursue a Miranda hearing. On this point,
the court relied on the fact plea counsel initially filed a motion to suppress
defendant's statements. Judge Taylor determined this action was reflective of
counsel's knowledge "of the import of the statement as well as the possibility
that he might have to litigate the admissibility of the confession." The court
also determined plea counsel's choice not to pursue a hearing was sound defense
strategy, based on the time limit the State offered for acceptance of its plea offer,
and further reasoned if plea counsel chose to litigate the admissibility of
defendant's statement and reject the State's offer, he would have been exposed
to "a potential life without parole sentence."
The court also concluded counsel's decision did not prejudice defendant,
as it rejected defendant's claim that his confession "was the 'only evidence'
against him," noting the significant circumstantial and direct evidence which
established defendant shot his father and attempted to conceal the murder and
robbery. The court noted this evidence included defendant "sending text
messages from his father's phone, [and] [his] specific behavior before, during,
and after the crime that are indicative of guilt and the appropriate mens rea . . .
[as] detail[ed] in the State's expert reports."
A-1544-20 8 The court also evaluated the merit of defendant's arguments regarding the
admissibility of his confession and rejected defendant's claims that his rights
were not honored by investigators, or that he was coerced to confess.
Specifically, the court noted that when defendant first invoked his right to an
attorney, the interrogating officer ceased the interrogation as required. The
court also determined defendant's invocation of his rights did not necessitate his
immediate removal from custody, nor did it render his confession inadmissible,
as police remained in the process of conducting an active criminal investigation.
Further, Judge Taylor noted defendant was given food, water, and clothing
and his questioning only continued after he re-initiated contact with the officers.
Overall, the court concluded plea counsel's actions were a "sound trial strategy,"
and did not prejudice defendant, as counsel negotiated a more favorable plea
offer which was less than defendant's exposure to a sentence of life without the
possibility of parole.
Finally, the court rejected defendant's arguments regarding the
ineffectiveness of his plea counsel in communicating with him based on
defendant's plea colloquy. Specifically, the court relied on defendant's sworn
testimony at the proceeding, including portions in which defendant described
A-1544-20 9 his satisfaction with counsel, as well as his affirmance he was afforded sufficient
time to examine and discuss the offer with plea counsel.
Further, the court noted it was unable to find any evidence in the plea
record to support defendant's claims he was confused and disorientated at the
proceeding, based on the court's detailed, comprehensive and explicit findings
regarding defendant's alertness, responses and overall demeanor when accepting
the factual basis for the plea. Although the court acknowledged its requirement
to view the facts "in the light most favorable to the defendant," the court
concluded it was not compelled "to ignore the record and sworn testimony of
defendant."
This appeal followed in which defendant's counsel reprises many of the
arguments defendant unsuccessfully raised before the trial court. Defendant
specifically asserts:
POINT ONE
THE PCR COURT IMPROPERLY DENIED DEFENDANT'S CLAIM THAT HE RECEIVED INEFFECTIVE ASSISTANCE OF HIS PLEA COUNSEL WITHOUT AFFORDING HIM AN EVIDENTIARY HEARING
A. THE PREVAILING LEGAL PRINCIPLES REGARDING CLAIMS FOR INEFFECTIVE ASSISTANCE OF COUNSEL, EVIDENTIARY
A-1544-20 10 HEARINGS AND PETITIONS FOR POST- CONVICTION RELIEF
B. DEFENDANT RAISED A PRIMA FACIE CLAIM FOR POST-CONVICTION RELIEF BASED ON PLEA COUNSEL'S FAILURE TO LITIGATE THE PREVIOUSLY FILED MIRANDA MOTION
C. PLEA COUNSEL'S FAILURES TO ADEQUATELY COMMUNICATE WITH DEFENDANT, REVIEW ALL RELEVANT DISCOVERY, AND TO TRANSMIT THE STATE'S PLEA OFFER TO DEFENDANT CONSTITUTED INEFFECTIVE ASSISTANCE OF COUNSEL
II.
Before us, defendant argues his plea counsel was ineffective for failing to
litigate a previously filed Miranda motion, as he claims the motion would have
been successful, based on the "recorded interrogation of [d]efendant [which]
contained abundant material" illustrative that defendant's "confession was not
the result of a knowing, intelligent and voluntary waiver." Specifically,
defendant relies on his ignored requests for an attorney, the interrogating
officer's minimization of the Miranda warnings, law enforcement's withholding
of medical treatment, and his "unmistakable signs of delusion" as evidence of
his counsel's deficiency in failing to attempt to suppress his statement.
A-1544-20 11 Defendant also relies on State v. Sims, 250 N.J. 189, 210 (2022), and State
v. Diaz, 470 N.J. Super. 495, 522 (App. Div. 2022), and argues because the
police refused to inform defendant of his charges, and repeatedly referred to his
father's murder in vague terms, he was misled regarding his true status in the
investigation.
In addition, defendant argues Judge Taylor erred in denying his petition
without an evidentiary hearing as he raised a prima facie claim of ineffective
assistance based on prior counsel's inactions during plea negotiations.
Specifically, defendant claims his plea counsel failed "to meet adequately with
[him] to discuss the case and explain legal issues," or provide and review all
relevant discovery materials with defendant, such as his interrogation video.
In addition, defendant contends his plea counsel misrepresented to him
plea counsel's intention of litigating a motion to suppress his recorded
confession. According to defendant, counsel "hid" the amended plea offer until
moments before the hearing. Further, defendant alleges counsel misadvised
defendant that if he proceeded to trial he would leave his mother "destitute."
Defendant therefore argues the statements asserted in defendant's and his
mother's certifications, "raise the question whether the decision to plead guilty
was his or his attorney's." He further claims that "[a] proper evaluation of [his]
A-1544-20 12 claim[s] could be accomplished only by having counsel provide testimony at an
evidentiary hearing regarding his performance during the plea negotiation. "
Having considered these contentions in light of the record and the
aforementioned well-established legal principles, we reject all of defendant's
arguments and affirm substantially for the reasons detailed in Judge Taylor 's
written opinion. The judge correctly denied defendant's petition without a
hearing after determining he failed to satisfy either the performance or prejudice
prong of the Strickland test. That decision is supported by substantial evidence
in the record and in accordance with applicable legal principles. We provide the
following to amplify our decision.
III.
We review the legal conclusions of a PCR court de novo. State v. Harris,
181 N.J. 391, 419 (2004). The de novo standard of review also applies to mixed
questions of fact and law. Id. at 420. Where, as here, a PCR court fails to
conduct an evidentiary hearing, it is within our authority "to conduct a de novo
review of both the factual findings and legal conclusions of the PCR court." Id.
at 421. A defendant's right to an evidentiary hearing is not automatic, see State
v. Preciose, 129 N.J. 451, 462 (1992), but courts should conduct a hearing "to
resolve ineffective assistance of counsel claims if a defendant has presented a
A-1544-20 13 prima facie claim in support of post-conviction relief and the facts supporting
the claim are outside the trial record." State v. Cummings, 321 N.J. Super. 154,
170 (1999).
When petitioning for PCR, the defendant must establish, by a
preponderance of the credible evidence, that he is entitled to the requested relief.
State v. Nash, 212 N.J. 518, 541 (2013); Preciose, 129 N.J. at 459. To sustain
that burden, the defendant must allege and articulate specific facts that "provide
the court with an adequate basis on which to rest its decision." State v. Mitchell,
126 N.J. 565, 579 (1992).
As noted, to establish a prima facie claim of ineffective assistance of
counsel, the defendant is obligated to show not only the particular manner in
which counsel's performance was deficient, but also that the deficiency
prejudiced his right to a fair trial. Strickland, 466 U.S. at 687; Fritz, 105 N.J. at
58. Under the first prong of this test, the defendant must demonstrate that
"counsel made errors so serious that counsel was not functioning as the 'counsel'
guaranteed the defendant by the Sixth Amendment." Strickland, 466 U.S. at
687.
Under the second prong, the defendant must show "that counsel's errors
were so serious as to deprive the defendant of a fair trial, a trial whose result is
A-1544-20 14 reliable." Ibid. That is, "there is a reasonable probability that, but for counsel's
unprofessional errors, the result of the proceeding would have been different. "
Id. at 694. There is a strong presumption that counsel "rendered adequate
assistance and made all significant decisions in the exercise of reasonable
professional judgment." Id. at 690.
Moreover, the acts or omissions of counsel of which a defendant
complains must amount to more than mere tactical strategy. Id. at 689. As the
Supreme Court observed in Strickland:
[a] fair assessment of attorney performance requires that every effort be made to eliminate the distorting effects of hindsight, to reconstruct the circumstances of counsel's challenged conduct, and to evaluate the conduct from counsel's perspective at the time. Because of the difficulties inherent in making the evaluation, a court must indulge a strong presumption that counsel's conduct falls within the wide range of reasonable professional assistance; that is, the defendant must overcome the presumption that, under the circumstances, the challenged action "might be considered sound trial strategy."
[Ibid. (quoting Michel v. Louisiana, 350 U.S. 91, 101 (1955)).]
When a defendant asserts his attorney was ineffective by failing to file a
motion, he must establish that the motion would have been successful. State v.
A-1544-20 15 O'Neal, 190 N.J. 601, 619 (2007). "It is not ineffective assistance of counsel for
defense counsel not to file a meritless motion." Ibid.
We agree with Judge Taylor and reject defendant's argument his plea
counsel was ineffective for failing to litigate a motion to suppress defendant's
statement to police as such a motion would have been meritless. See O'Neal,
190 N.J. at 619. As Judge Taylor found, officers did not question defendant
after he asserted his right to counsel. Indeed, upon defendant stating, "I mean I
need a lawyer," the interrogation immediately ceased. It was only following
defendant's re-initiating his conversation with the police and his Mirandizing,
did the officers begin interviewing him again while also clarifying potentially
ambiguous statements he made. We are satisfied the interrogating officers'
consistent clarification and explanations of defendant's Miranda rights both
prior to defendant's request for a lawyer and following defendant's re-initiation
with the officers does not evidence impermissible interrogation of defendant
following an invocation of his right to counsel. See State v. Fuller, 118 N.J. 75,
81-82 (1990); see also State v. Chew, 150 N.J. 30, 65 (1997).
We are also unpersuaded, based on a totality of the circumstances, the
interrogating officer impermissibly contradicted defendant's Miranda warnings
when he suggested defendant's honesty in the interrogation would benefit him .
A-1544-20 16 State v. Puryear, 441 N.J. Super. 280, 297 (App. Div. 2015). We reach this
conclusion upon a full review of the record and considering the interrogating
officer's language that appealed to defendant's sense of decency, as well as his
age and prior experiences with law enforcement. State v. Knight, 183 N.J. 449,
463 (2005).
We also find defendant's reliance on Sims, 250 N.J. at 215, and Diaz, 470
N.J. Super. at 495, misplaced, as both cases are distinguishable from the matter
before us. The Court in Sims instructed "[t]he rule announced in A.G.D. is clear
and circumscribed. If a complaint-warrant has been filed or an arrest warrant
has been issued against a suspect whom law enforcement officers seek to
interrogate, the officers must disclose that fact to the interrogee" before
beginning their questioning. Id. at 213 (citing State v. A.G.D., 178 N.J. 56, 68-
69 (2003)). The court directed "[i]n a case in which there is evidence of such
bad-faith conduct on the part of law enforcement officers, the trial court should
consider such conduct as part of the totality-of-the-circumstances test." Sims,
250 N.J. at 216.
Applying the Court's ruling in Sims to the record before us, defendant's
statement was freely volunteered, and the detectives did not overbear
defendant's will in the course of their interrogation. State v. Hreha, 217 N.J.
A-1544-20 17 368, 383 (2014). While the detectives did not advise defendant he was a suspect
in the murder of his father, there was no obligation on them to do so as defendant
had not been charged with that or any crime related to those events when
questioned by the detectives. See Sims, 250 N.J. at 214. Additionally, applying
the totality-of-the-circumstances test defendant's waiver was clearly voluntary.
We also note, nothing in the record before us remotely approached the
chicanery we condemned in Diaz, 470 N.J. Super. at 495. Indeed, there is no
support for the claim the detectives initiated the interrogation to deliberately
mislead defendant in "a planned investigative strategy to elicit incriminating
statements," id. at 503, as officers did not elicit any information connecting
defendant to the murder until after they stated, in response to defendant's re-
initiating the conversation and being Mirandized, the charges on the search
warrant "stemm[ed] from the incident at your house . . . and what happened with
your dad."
As such, defendant failed to establish his plea counsel was ineffective
based on his failure to prosecute fully a motion to suppress statements to police
because such a motion would have clearly been unsuccessful. Indeed, a review
of the record indicates police conducted a lawful interrogation in which
defendant voluntarily waived his Miranda rights.
A-1544-20 18 Additionally, defendant failed to illustrate how plea counsel's
recommendation to resolve the case by accepting the State's plea offer evidenced
actions which "fell below an objective standard of reasonableness." Strickland,
466 U.S. at 687-88. Although defendant claims his confession qualified as "the
most powerful evidence in the case," as Judge Taylor correctly found, defendant
ignores the powerful circumstantial evidence against him. Such evidence
included being found in the same area as his father's stolen vehicle, his use of
his father's credit cards following his death, and the text messages sent from his
father's phone. Affording counsel the requisite "extreme deference," Fritz, 105
N.J. at 52, in his decision to negotiate a plea in an effort to avoid an incredibly
harsh sentence, in conjunction with the circumstantial evidence against
defendant, plea counsel's failure to litigate the Miranda issue simply cannot be
categorized as an error "so serious" to describe counsel as "not functioning as
. . . guaranteed . . . by the Sixth Amendment." Strickland, 466 U.S. at 687-88.
Even assuming defendant satisfied the performance prong under
Strickland, defendant's claim this inaction prejudiced him is simply not
supported by the record. See Strickland, 466 U.S. at 687. As Judge Taylor
noted, the State's amended plea offer indicated if counsel were to litigate the
validity of defendant's Miranda waiver, the State would have withdrawn its plea
A-1544-20 19 offer. In such an event, defendant would be exposed to the possibility of a
custodial sentence of life imprisonment without the possibility of parole.4
Similarly, we agree with Judge Taylor defendant's claim his plea counsel
was ineffective for failing to communicate, review relevant discovery, and
properly discuss the plea simply is belied by the record. Indeed, defendant stated
at his plea hearing he clearly understood the terms of the plea, and he was in no
way coerced to accept it. Further, defendant testified he was provided enough
time to review the plea offer and that he was satisfied with his representation.
The reliability of these statements is not solely based in the inherent nature that
they were entered under oath, but also in the court's explicit findings regarding
defendant's overall demeanor during the proceeding. See State v. Simon, 161
N.J. 416, 444 (1999) (stating a defendant's representations during plea hearings
carry a presumption of truth).
4 Defendant was originally charged with purposeful murder in violation of N.J.S.A. 2C:11-3a(1), and the grand jury returned an aggravating factor for committing murder while engaged in a robbery. As such, if found guilty, defendant faced life in prison without the possibility of parole. See N.J.S.A. 2C:11-3b(4). The record indicates the State dismissed this charge as part of defendant's guilty plea to felony murder in violation of N.J.S.A. 2C:11 -3a(3), which carries a custodial term ranging from thirty years to life. See N.J.S.A. 2C:11-3b(1). A-1544-20 20 Nor are defendant's mother's certifications persuasive in establishing an
issue of material fact warranting an evidentiary hearing, as her statements attest
only to the existence of an email from plea counsel which requested she not
discuss with defendant the resolution of the case by way of a plea, months before
the State's final offer. Further, while she did certify plea counsel failed to inform
defendant of the plea until just moments before the hearing, she failed to include
if she was present when this occurred, or if this was simply a statement heard
secondhand from defendant. In any event, defendant's statements during the
sworn plea hearing belie these statements. Again, even if we were to accept
defendant's certifications as true, despite their direct contradiction in the record,
defendant has failed to illustrate accepting this plea deal prejudiced him.
Strickland, 466 U.S. at 687.
In sum, we are satisfied that defendant failed to satisfy either the
performance or the prejudice prong of the Strickland test and defendant's
arguments to the contrary in his counselled appellate brief are unavailing. To
the extent we have not specifically addressed any of defendant's arguments it is
because we have concluded they are of insufficient merit to warrant further
discussion in a written opinion. See R. 2:11-3(e)(2).
Affirmed.
A-1544-20 21