STATE OF NEW JERSEY VS. MICHAEL PALMER(01-10-4196, ESSEX COUNTY AND STATEWIDE), A-3328-13T2

Background

Michael T. Palmer was convicted by jury (2003) of first‑degree murder and related weapons offenses for the 2001 shooting death of Tarrod "Rallo" Grantham; sentenced to 30 years with 30 years parole ineligibility.
The State’s case relied principally on eyewitness C.D., who identified Palmer in‑court and in a photo array; other potential eyewitnesses were not helpful at trial.
Trial counsel investigated the scene, attempted to locate witnesses, elected not to speak to a person known as "Slick" at defendant’s request, and cross‑examined C.D. about inconsistent prior statements.
Post‑conviction, Palmer sought relief asserting trial counsel was ineffective for failing to investigate and call C.B., an eyewitness who later provided statements and an affidavit; the Appellate Division previously considered supplemental material and remanded only to correct the judgment of conviction.
An evidentiary hearing was limited to post‑conviction evidence regarding C.B.; at that hearing C.B. testified she had no clear firsthand knowledge of the shooter’s identity and could not confidently identify Palmer. C.B.’s mother corroborated reluctance to involve the child.
The PCR court denied relief, finding counsel’s performance was not deficient and that, even if deficient, C.B.’s testimony would not have changed the trial outcome. Palmer appeals, including a pro se claim that counsel coerced him not to testify.

Issues

Issue	Plaintiff's Argument (State)	Defendant's Argument (Palmer)	Held
Whether trial counsel was ineffective for failing to investigate and call C.B.	Counsel reasonably investigated; C.B.’s post‑conviction statements are equivocal and would not have undercut C.D.’s ID.	Counsel failed to locate/interview C.B.; her testimony would have impeached C.D. and shown innocence.	Denied: C.B. had no firsthand ID, could not rule Palmer out/in; her testimony would not have changed verdict.
Whether the PCR court erred by limiting the evidentiary hearing to post‑conviction evidence about C.B.	Limitation complied with appellate remand preserving only C.B.‑related PCR claims.	Court improperly refused to expand hearing to other witnesses and coercion claim.	Denied: scope matched prior remand; no certified evidence supporting additional claims.
Whether counsel coerced defendant not to testify	No coercion; record (colloquy) shows defendant knowingly, voluntarily waived right to testify after counsel’s advice.	Counsel coerced Palmer into waiving his right to testify.	Denied: thorough on‑the‑record colloquy demonstrates voluntary waiver and adequate counsel advisement.
Whether Palmer established prejudice under Strickland such that a new trial is warranted	No reasonable probability that outcome would differ because C.D.’s IDs were strong and unimpeached by C.B.	But for counsel’s failures, different result is reasonably probable.	Denied: even assuming deficiency, no reasonable probability of different outcome.

Key Cases Cited

Strickland v. Washington, 466 U.S. 668 (establishes two‑prong ineffective assistance standard)
State v. Porter, 216 N.J. 343 (requirements for PCR hearing and investigator‑failure claims)
State v. O'Neil, 219 N.J. 598 (prejudice standard under ineffective assistance)
State v. Pierre, 223 N.J. 560 (deference to PCR court factual findings; mixed‑question review)
State v. Preciose, 129 N.J. 451 (standard of review for denial of PCR without hearing)