State of New Jersey v. Lemont Love
A-2224-22
| N.J. Super. Ct. App. Div. | Jun 30, 2025Background
- Lemont Love was arrested and convicted for possession of heroin and possession of marijuana stemming from incidents at his trailer home involving police search and discovery of drugs.
- In 2013, Love was sentenced to time served for marijuana possession and five years' imprisonment for heroin possession, with parole ineligibility.
- Love filed a petition for post-conviction relief (PCR) nearly nine years after his conviction, alleging ineffective assistance of counsel and seeking a reduced sentence and expungement of his marijuana conviction.
- The PCR judge denied Love's petition as untimely, finding no excusable neglect or fundamental injustice, and also denied all merits-based claims without an evidentiary hearing.
- The judge also rejected Love’s marijuana expungement request because it was not his sole conviction in the indictment; the heroin conviction precluded relief under the statute.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness of PCR petition | Petition untimely, no excusable neglect | Delay was excusable | Petition time-barred; no excusable neglect shown |
| Ineffective assistance of counsel (IAC) | Claims are factually inaccurate/conclusory | Counsel was ineffective | No prima facie IAC shown; no evidentiary hearing required |
| Motion for reduced sentence | Not a proper issue for PCR | Entitled to hearing | Not cognizable in PCR; governed by other rules |
| Expungement of marijuana conviction | Not sole marijuana conviction; statute bars | Entitled to expungement | Statute requires sole offense; not eligible for expungement |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (1984) (sets forth the two-prong test for ineffective assistance of counsel)
- State v. Fritz, 105 N.J. 42 (1987) (adopts Strickland standards for New Jersey)
- State v. Murray, 162 N.J. 240 (2000) (factors for excusable neglect in untimely PCR petitions)
- State v. Afanador, 151 N.J. 41 (1997) (elaborates on fundamental injustice exception to time bar for PCR)
- State v. Hannah, 248 N.J. 148 (2021) (provides definition of fundamental injustice in criminal proceedings)