State v. Parker

53 A.3d 652, 212 N.J. 269, 2012 WL 4867720, 2012 N.J. LEXIS 999
Supreme Court of New Jersey·Decided October 16, 2012·Published·Cited by 104 cases

Opinion

Judge WEFING

(temporarily assigned) delivered the opinion of the Court.

Our trial judges are confronted daily with daunting case loads and strained resources. The challenge of hearing these matters [273] and disposing of them appropriately and justly within a reasonable time frame can, at times, appear insurmountable, making it even more difficult to adhere “to the real business of the courts, which is to dispense substantial justice on the merits.” Fusco v. Fusco, 186 N.J.Super. 321, 329, 452 A.2d 681 (App.Div.1982). Adding to the burden is the need for each judge to remain constantly aware that each such matter involves not just docket numbers but individuals who have turned to the courts seeking relief from what they perceive as unfairness and injustice. This need is particularly crucial in the criminal courts, where individuals confront the power of the State’s prosecutorial arm. This appeal calls upon us to provide some guidelines for our criminal trial judges as they struggle to accommodate what at times may appear to be conflicting demands on their time and resources. Because we are satisfied that in this instance the trial judge struck the wrong balance, we reverse and remand this matter for further proceedings.

I.

Defendant had just turned seventeen years old when the police questioned him in connection with the death of Demetreas Fletcher.1 The police wanted to speak with defendant because several individuals said that defendant was the last person to have been seen with Fletcher.

After his grandmother gave permission to the police to question him, and after being advised of his rights, defendant gave a statement in which he admitted that he and Tremaine Paige, sixteen years old, had repeatedly stabbed Fletcher. He said he did so, however, at the behest of Michael Ramseur, known as Polo Mike, a drug dealer for whom defendant had worked. In the record before us, this individual is consistently referred to as Polo or Polo Mike, and we shall follow that practice for purposes of this [274] opinion. Defendant said that Polo Mike had given him a gun earlier and that defendant lent the gun to someone named Aron who had, in turn, sold it. This angered Polo Mike, and in his statement, defendant said that Polo Mike told him he had to get the gun back and that he had to stab Fletcher. In his statement, defendant did not clarify the relationship between Aron and Fletcher. Defendant said he believed that if he did not comply with these instructions, Polo Mike would have him killed. Defendant went to Paige and explained the situation, and Paige agreed to help him. Defendant said they drove around Camden looking for Aron, with Fletcher in the car. When they could not locate Aron, they repeatedly stabbed Fletcher and left him in an area known as Pink Elephant Park. He said they returned to Polo Mike and reported what they had done. Polo Mike helped them dispose of their bloody clothing.

The police also questioned Tremaine Paige. Although Paige’s statement differed from defendant’s statement in certain minor details (Paige, for instance, said that defendant gave Fletcher the gun Polo Mike had given to defendant and Fletcher had sold it), it substantially corroborated defendant’s statement that Polo Mike had ordered that Fletcher be killed, and both defendant and Paige feared for their lives if they did not comply.

II.

The Family Part waived jurisdiction over both young men, and both were indicted for murder, N.J.S.A. 2C:11 — 3(a)(1) and (2); conspiracy, N.J.SA 2C:5-2; possession of a weapon for an unlawful purpose, N.J.SA 2C:39-4(d); unlawful possession of a weapon, N.J.S.A. 2C:39-5(d); hindering apprehension, N.J.S.A 2C:29-3(b)(1); tampering with evidence, N.J.S.A. 2C:28 — 6(1); and endangering an injured victim, N.J.S.A 2C:12-1.2. Defendant eventually entered a negotiated plea of guilty to an amended charge of aggravated manslaughter, and the State agreed to recommend a sentence of twenty-five years in prison, subject to the parole ineligibility provisions of N.J.S.A. 2C:43~7.2. When defendant and [275] his attorney appeared before the trial court to plead guilty, there was no mention of Polo Mike and defendant’s belief that he would be killed if he did not comply with Polo Mike’s directions. A trial judge accepted defendant’s guilty plea, and on November 21, 2003, another trial judge sentenced defendant in accordance with the State’s recommendation. At the sentencing proceedings, defendant’s attorney made no argument on defendant’s behalf. He merely expressed sympathy for the victim’s family and asked the trial court to sentence defendant in accordance with the negotiated plea.

Defendant did not file a direct appeal from his conviction or sentence but did file a timely petition for post-conviction relief in October 2007, and counsel was assigned to represent defendant. The attorney assigned to represent defendant submitted a brief in which he contended that defendant’s trial attorney was ineffective in a variety of ways, including failing to assert that defendant had acted under duress, N.J.S.A. 2C:2-9(a), failing to conduct any investigation into the surrounding facts, and failing to present any argument at sentencing that defendant should receive a lesser period of incarceration.

The judge who handled defendant’s post-conviction relief petition was not the judge who had presided at defendant’s guilty plea. Nor was he the judge who had imposed sentence on defendant. The post-conviction relief judge reviewed the papers submitted in support of and in opposition to defendant’s petition and entered an order denying relief. Accompanying the order was an eight-page statement of reasons the trial judge had prepared. The first four pages are an accurate summary of the legal principles that are applicable in assessing the merits of a petition for post-conviction relief, and the last sheet contains merely the signature of the trial judge.

In the remaining three pages, the trial judge set forth his reasons for denying relief to defendant. He stressed that defendant had not submitted any certifications or affidavits in conjunction with his petition and thus concluded that defendant had not [276] set forth a factual basis for the defense of duress or how it might have affected the outcome of the case. The trial judge noted that under N.J.S.A. 2C:2-9(b), duress would serve only to reduce the offense of murder to manslaughter and since, in the trial judge’s words, defendant had “pled to manslaughter as part of his negotiated agreement, a successful duress defense would have achieved the same result as petitioner’s plea.”

The trial judge similarly rejected defendant’s claim that he had received ineffective assistance from his trial counsel because the attorney had failed to conduct an adequate investigation into the case or defendant’s social background. He noted that defendant had not provided evidence of anything within his background that might mitigate his criminal culpability for the death of Demetreas Fletcher and had not even provided the names of witnesses that the attorney had failed to interview.

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State v. Parker, 53 A.3d 652, 212 N.J. 269, 2012 WL 4867720, 2012 N.J. LEXIS 999 (N.J. 2012).

53 A.3d 652 (State v. Parker) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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