State of New Jersey v. Daniel Johnson
A-3088-22
| N.J. Super. Ct. App. Div. | Feb 18, 2025Background
- Daniel Johnson was indicted in 2014 in Hudson and Passaic Counties on charges including felony murder, armed robbery, and weapons offenses.
- The Passaic and Hudson County indictments were consolidated for trial in Passaic County.
- Johnson was convicted by jury on two Hudson County counts (second-degree robbery and conspiracy) but acquitted on all Passaic County charges and other Hudson charges.
- His direct appeal challenged the admissibility of a show-up identification by the victim (G.W.), but this conviction was affirmed by the Appellate Division, and the NJ Supreme Court denied certification.
- Johnson then filed a pro se post-conviction relief (PCR) petition, arguing ineffective assistance of counsel. The PCR court denied relief without an evidentiary hearing, and Johnson appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether counsel was ineffective in cross-examining G.W. | Counsel adequately cross-examined, pointed out inconsistencies | Counsel should have recalled and more vigorously cross-examined G.W. on the show-up identification | No deficiency or prejudice; prior issue already resolved |
| Whether counsel failed to investigate exculpatory witness | No admissible testimony was available; counsel was not deficient | Failure to call paralegal A.N. (re: co-defendant’s affidavit) was ineffective assistance | No deficiency/prejudice; testimony would be hearsay/inadmissible |
| Entitlement to evidentiary hearing on PCR | No prima facie case shown; record sufficient | Prima facie claim shown so evidentiary hearing was warranted | No hearing required; record does not support PCR claims |
| Use of PCR to re-litigate direct appeal issues | Not permitted under NJ procedural rules | Issues were reframed as ineffective assistance, not previously addressed | Procedurally barred; claims already addressed on direct appeal |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (1984) (establishes the two-prong test for ineffective assistance of counsel)
- State v. Fritz, 105 N.J. 42 (1987) (adopts Strickland standard for New Jersey)
- State v. Henderson, 208 N.J. 208 (2011) (factors for assessing reliability of eyewitness identification)
- State v. Harris, 181 N.J. 391 (2004) (standard for reviewing denial of post-conviction relief)