Misael Cordero v. Charles Warren
673 F. App'x 254
| 3rd Cir. | 2016Background
- In 2002 a New Jersey jury convicted Misael Cordero of first‑degree murder (1991 killing); he received life imprisonment with 30 years parole ineligibility.
- At sentencing the trial court awarded 3,247 days of "gap‑time" credit under N.J. Stat. Ann. § 2C:44‑5(b)(2), which has no practical effect against a life sentence.
- Cordero claims the prosecutor previously offered a plea to manslaughter (15 years, 5 years parole ineligibility) and that trial counsel failed to advise him that gap‑time credit could be applied to that sentence but would be practically lost if he went to trial and received life.
- Cordero raised an ineffective‑assistance‑during‑plea negotiation claim in his federal habeas petition; the District Court denied the petition but did not address this gap‑time/plea advice claim.
- This Court granted a certificate of appealability on that specific claim, directed briefing on procedural default and whether the claim was adjudicated on the merits in state court, and then vacated and remanded so the District Court can address the claim in the first instance.
Issues
| Issue | Plaintiff's Argument (Cordero) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Whether counsel rendered ineffective assistance by failing to advise about gap‑time credit during plea bargaining | Counsel failed to inform Cordero that gap‑time credit would apply to a 15‑year plea but be practically unavailable if he got life; he would have accepted the plea | State contends Cordero asserted innocence and thus would not have taken a plea; also says gap‑time credit was awarded after trial so result would be same | Court did not decide merits; vacated and remanded for District Court to address the claim in the first instance |
| Procedural default and Martinez v. Ryan excuse | Cordero concedes default (PCR counsel did not raise claim) and invokes Martinez to excuse default | State suggests Cordero could raise claim in a second PCR; Court notes second PCR likely barred under N.J. Ct. R. 3:22‑12 | Court: appears defaulted; District Court should consider Martinez argument on remand |
| Effect of alleged assertions of innocence at PCR hearing | Cordero disputes that he contemporaneously asserted innocence such that he would not have accepted a plea years earlier | State points to limited PCR testimony and argues New Jersey law rejects guilty pleas with protestations of innocence | Court: PCR testimony or later assertions of innocence are not necessarily dispositive; District Court should evaluate relevance on remand |
| Whether post‑trial award of gap‑time credit defeats prejudice | Cordero says award post‑trial was worthless against life sentence; he lost practical benefit that could have reduced a 15‑year plea term | State argues identical gap‑time award post‑trial means no prejudice from not pleading | Court: disagrees that post‑trial award forecloses prejudice — Cordero’s claim is loss of practical benefit against a shorter sentence; District Court must assess prejudice under Lafler standards |
Key Cases Cited
- Lafler v. Cooper, 566 U.S. 156 (plea‑prejudice standard for ineffective assistance in plea negotiations)
- Martinez v. Ryan, 566 U.S. 1 (procedural default may be excused where ineffective assistance of postconviction counsel prevented raising claim)
- Miller‑El v. Cockrell, 537 U.S. 322 (standard for granting a certificate of appealability)
- United States v. Day, 969 F.2d 39 (3d Cir. standard on ineffective assistance during plea bargaining)
- Griffin v. United States, 330 F.3d 733 (plea‑acceptance inquiry; assertion of innocence not necessarily determinative)
- State v. Taccetta, 975 A.2d 928 (N.J. Supreme Court rule limiting PCR relief when petitioner testifies he is innocent but would have perjured himself to plead guilty)