STATE OF NEW JERSEY VS. ROBERT CASONÂ (09-03-0374, MIDDLESEX COUNTY AND STATEWIDE), A-2594-15T3

Background

Defendant Robert G. Cason was convicted by a jury of second-degree eluding (N.J.S.A. 2C:29-2b) and the disorderly persons offense of resisting arrest; he received three years (eluding) and six months concurrent (resisting). The convictions and sentence were previously affirmed on direct appeal and the Supreme Court denied certification.
After affirmance, Cason filed a pro se PCR petition alleging generally ineffective assistance of trial counsel for inadequate investigation and poor trial strategy; PCR counsel filed a brief but Cason requested to argue personally and did so at the PCR hearing.
At trial Cason had given a post-arrest statement (admitted after a Miranda hearing) acknowledging he saw police lights/sirens, did not stop immediately, and knew his license was suspended; he testified at trial and made inconsistent denials about awareness of an outstanding warrant.
Cason pointed to minor inconsistencies in witness testimony and police reports and asserted counsel failed to investigate further or mitigate; he also raised assorted pro se claims (Brady/weather reports, hearsay, insufficient evidence, prosecutorial misconduct).
The PCR judge found trial counsel conducted thorough cross-examination, made a reasonable strategic choice to treat the incident as a traffic stop, and noted Cason offered no affidavits or factual certifications showing what additional investigation would have produced or how it would have altered the outcome.
The judge denied relief and an evidentiary hearing under Strickland/Fritz principles; the Appellate Division affirmed, agreeing Cason’s allegations were vague, conclusory, and unsupported by competent evidence and so did not warrant a hearing.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether PCR petitioner established ineffective assistance of counsel requiring an evidentiary hearing	State: PCR lacked factual support (affidavits/certifications) and trial record shows competent performance and reasonable strategy	Cason: Counsel failed to adequately investigate and mitigate; inconsistencies and undisclosed material would have aided defense	Held: Denied; allegations were vague/conclusory, no prima facie showing, no hearing required
Whether counsel’s trial strategy was constitutionally deficient	State: Counsel’s strategy to frame events as traffic-related was reasonable and well-executed	Cason: Strategy amounted to ineffective assistance and poor mitigation	Held: Strategy was reasonable; courts defer to trial strategic choices
Whether factual inconsistencies in witness testimony required relief	State: Minor inconsistencies were explored at trial and do not establish prejudice	Cason: Inconsistencies and alleged nondisclosure (e.g., weather reports) undermined fairness	Held: Minor discrepancies insufficient; no showing they would likely change result
Whether other pro se claims (Brady, hearsay, insufficient evidence, prosecutorial misconduct) warranted a hearing or relief	State: Claims are unsupported, speculative, and not developed with competent proof	Cason: Raised multiple additional due process and evidentiary complaints	Held: Rejected as vague/conclusory; no evidentiary hearing warranted

Key Cases Cited

Miranda v. Arizona, 384 U.S. 436 (U.S. 1966) (admissibility of custodial statements after warning)
Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two-prong ineffective-assistance test: deficient performance and prejudice)
State v. Fritz, 105 N.J. 42 (N.J. 1987) (applying Strickland standard in New Jersey)
State v. Savage, 120 N.J. 594 (N.J. 1990) (courts defer to trial strategic decisions)
State v. Cummings, 321 N.J. Super. 154 (App. Div. 1999) (PCR must include affidavits/certifications showing what additional investigation would have revealed)
State v. Preciose, 129 N.J. 451 (N.J. 1992) (prima facie standard for granting PCR evidentiary hearings)
State v. Marshall, 148 N.J. 89 (N.J. 1997) (defendant must show reasonable likelihood of ultimate success to obtain a PCR hearing)