STATE OF NEW JERSEY VS. ALEXIS ANDERSONÂ (06-02-0263, MERCER COUNTY AND STATEWIDE)
A-3728-13T1
| N.J. Super. Ct. App. Div. | Jun 8, 2017Background
- In October 2005 Shawn Riley was abducted and beaten; a green minivan was involved and police found blood, a handgun with blood, clothing, tape, and restraint devices in the van; DNA linked Riley's blood to the van and Anderson's clothing.
- Alexis Anderson and co-defendant were stopped near the van; Anderson had a facial laceration; van registered to co-defendant.
- After a 10-day jury trial Anderson was convicted of first-degree robbery and kidnapping (NERA exposure), possession of a firearm for an unlawful purpose, unlawful possession of a handgun, and related counts; convictions were previously affirmed on direct appeal.
- Anderson filed a pro se PCR petition (later counseled) alleging ineffective assistance of trial counsel for failing to identify/interview 9-1-1 callers, failing to object to a portion of the jury charge, advising him not to testify, and failing to communicate/prepare.
- The PCR court denied relief without an evidentiary hearing, applying Strickland standards and finding (1) no specific showing counsel failed to investigate the 9-1-1 callers or that they would have aided the defense, (2) jury charge viewed in its entirety was adequate, and (3) defendant could not show prejudice from not testifying. Anderson appealed and this Court affirmed.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Anderson) | Held |
|---|---|---|---|
| Ineffective investigation (9-1-1 callers) | Trial counsel reasonably investigated; no showing callers could be located or would be exculpatory | Counsel failed to identify/interview 9-1-1 callers whose testimony would bolster defense | PCR court and Appellate Division: no deficient performance or prejudice; defendant gave no affidavits/specifying what investigation would have revealed; claim denied |
| Jury instruction wording | Entire charge properly instructed on burden of proof; any isolated wording harmless | Use of term "this" (vs. "alleged") in robbery charge misled jury and relieved State of burden | Barred by Rule 3:22-4 for failure to raise on direct appeal; in any event, totality of charge sufficient; claim rejected |
| Advising defendant not to testify | Strategic decision; testifying would have opened door to prior convictions and admissions placing him at scene | Counsel imprudently advised him not to testify; his testimony would supply crucial exculpatory facts | Decision was a reasonable tactical choice; no reasonable probability of a different outcome; claim denied |
| Ineffective appellate/PCR counsel | Not considered dispositive absent specific showing | Appellate/PCR counsel failed to raise errors below | Court rejects claim for lack of specific allegations; no relief |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (establishes two-prong ineffective assistance standard)
- State v. Fritz, 105 N.J. 42 (adopts Strickland in New Jersey)
- State v. Porter, 216 N.J. 343 (PCR claim that counsel failed to investigate requires affidavit/specification of what investigation would have shown)
- State v. Preciose, 129 N.J. 452 (standard for granting an evidentiary hearing on PCR)
- Rock v. Arkansas, 483 U.S. 44 (right to testify recognized as fundamental)
- Nero v. State, 195 N.J. 397 (jury charge errors assessed in context of entire charge)