STATE OF NEW JERSEY VS. MICHAEL GOMES (13-09-1698, HUDSON COUNTY AND STATEWIDE), A-0361-15T1

Michael Gomes was indicted on robbery, weapons, and receiving stolen property charges; he pleaded guilty to one count (unlawful possession of a weapon) pursuant to a plea agreement and the remaining counts were dismissed.
Before sentencing Gomes filed a pro se motion to replace counsel and to withdraw his plea; new counsel was appointed and Gomes withdrew that motion before sentencing.
At the plea/sentencing hearing Gomes admitted factual guilt, confirmed counsel had discussed the case and sentencing exposure, and was sentenced to five years with three years parole ineligibility.
Gomes filed a pro se PCR petition, later represented by PCR counsel, claiming trial counsel was ineffective for failing to investigate, provide discovery, review strengths/weaknesses of the State’s case, meet with him, and assess the plea’s effect on pending Massachusetts charges.
The PCR court denied relief without an evidentiary hearing, finding Gomes’s allegations were vague, contradicted by his oath during the plea colloquy, and that he failed to make a prima facie showing of ineffective assistance or prejudice.
On appeal the Appellate Division affirmed, applying Strickland/Cronic standards and holding the cold record (plea colloquy, plea terms, sentencing exposure) refuted Gomes’s claims and negated the need for an evidentiary hearing.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Ineffective assistance of counsel for poor investigation, failure to provide discovery, failure to advise about strengths/weaknesses, and failure to file motion to withdraw plea	State: Counsel met constitutional minimums; plea colloquy and record show counsel performed adequately	Gomes: Counsel’s failures deprived him of informed decision-making and induced an unknowing plea	Held: Denied — record and plea colloquy refute claims; no prima facie showing of deficient performance or prejudice under Strickland/Cronic
Denial of evidentiary hearing on PCR	State: No hearing required where petitioner fails to make a prima facie showing and facts are of record	Gomes: Requested hearing to prove counsel’s alleged failures and prejudice	Held: Denied — evidentiary hearing not required because claims were conclusory and contradicted by the record

State v. Preciose, 129 N.J. 451 (1992) (standard for post-conviction relief burden and proof)
Strickland v. Washington, 466 U.S. 668 (1984) (two-prong test for ineffective assistance of counsel)
United States v. Cronic, 466 U.S. 648 (1984) (circumstances where prejudice may be presumed)
Lafler v. Cooper, 566 U.S. 156 (2012) (application of Strickland to plea negotiations)
Missouri v. Frye, 566 U.S. 134 (2012) (counsel’s role in plea offer communication and prejudice analysis)
State v. Fritz, 105 N.J. 42 (1987) (presumption that counsel’s conduct is reasonable)
State v. Nash, 212 N.J. 518 (2013) (deference to PCR factual findings; effectiveness threshold)
State v. Kovack, 91 N.J. 476 (1982) (plea colloquy requirements under rule 3:9-2)