State of New Jersey v. Luis A. Perez
A-3596-22
N.J. Super. Ct. App. Div.Mar 11, 2025Background
- Luis A. Perez was charged in 2012 with first-degree murder and other offenses after Joseph Hurt was shot and killed; Perez pled guilty to manslaughter and received an 18-year sentence under the No Early Release Act.
- Perez filed his first post-conviction relief (PCR) petition, which was denied; the Appellate Division affirmed, but the New Jersey Supreme Court remanded for an evidentiary hearing.
- After an evidentiary hearing where both Perez and his trial attorneys testified, the PCR court again denied the petition, finding the attorneys credible and Perez not credible; this was affirmed on appeal.
- Over a year later, Perez filed a second PCR petition, alleging ineffective assistance of both his PCR trial and appellate counsel, particularly regarding the handling of self-defense.
- The second PCR court denied this petition as time-barred and also found the ineffective assistance arguments lacked merit; Perez appealed this denial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness of 2nd PCR Petition | Petition is time-barred | The time-bar should be relaxed to prevent fundamental injustice | Court held the petition was time-barred |
| Ineffective Assistance of PCR Counsel | No issue presented | PCR and appellate counsel were ineffective for not challenging self-defense analysis | Court found no ineffectiveness, no prejudice |
| Evidentiary Hearing on 2nd PCR Petition | Not warranted | Entitled to a hearing due to prima facie claim | Court said no showing merited a hearing |
| Self-Defense Viability in Underlying Conviction | Previous denial proper | Court failed to assess reasonableness of self-defense claim | Court found self-defense issue fully adjudicated |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (1984) (establishes two-prong test for ineffective assistance of counsel)
- State v. Fritz, 105 N.J. 42 (1987) (adopts Strickland standard for New Jersey)
- State v. Harris, 181 N.J. 391 (2004) (provides de novo review standard for denial of PCR without hearing)
- State v. Milne, 178 N.J. 486 (2004) (pursuit of federal review does not toll NJ PCR time limits)