STATE OF NEW JERSEY VS. JUQUAN WALKERÂ (10-10-2488 AND 10-10-2491, ESSEX COUNTY AND STATEWIDE), A-3724-15T3

Background

Defendant Juquan (Jaquan) Walker was convicted after a jury trial of drug offenses and multiple weapons offenses based on officers' recovery of a backpack thrown onto NJT tracks, which allegedly contained a handgun and drugs; a separate trial convicted him under a separate indictment for being a convicted person in possession of a firearm.
Officers observed Walker jump turnstiles, approached him for fare evasion, and chased him after he fled and pushed an officer; Walker threw a backpack onto train tracks during the chase.
The backpack was recovered and allegedly contained cash, toiletries, clothing, a handgun described as rusty, 24 bags of marijuana, and cocaine packets; Walker was treated for injuries and did not testify at trial.
On direct appeal this Court affirmed convictions and the Supreme Court denied certification.
Walker filed a pro se PCR petition (later supplemented by counsel) claiming ineffective assistance of trial counsel (IAC): counsel failed to raise or pursue the defense that the gun was found on the tracks (not in the backpack) and told Walker not to testify based on his prior record.
The PCR judge reviewed the record, concluded counsel did challenge where the gun came from and used the gun's rustiness in argument, found counsel's performance not deficient and Walker's waiver of testimony knowing and voluntary, and denied an evidentiary hearing; this appeal followed.

Issues

Issue	State's Argument	Walker's Argument	Held
Whether trial counsel provided constitutionally deficient performance by failing to press the argument that the gun was on the tracks and not in Walker's backpack	Counsel effectively attacked the officers' account and emphasized lack of video corroboration and the gun's rust to create reasonable doubt; performance was within reasonable professional judgment	Counsel failed to raise promised defense that the gun was picked up from the tracks, undermining strategy and Walker's decision not to testify	Denied — counsel's summation raised the contested points; performance was not deficient
Whether counsel interfered with Walker's right to testify by advising him not to testify expecting counsel to pursue the tracks-defense	Walker knowingly and voluntarily waived his right to testify after being informed of options; record shows strategic choice to avoid prior-record impeachment	Walker relied on counsel's promise to raise the tracks-defense and therefore waived his right to testify to his detriment	Denied — waiver was knowing, voluntary, and strategic; no interference established
Whether any deficient performance prejudiced Walker under Strickland/Fritz (reasonable probability of a different outcome)	Even assuming arguendo deficiency, the record (video, testimony that gun found in backpack) and counsel's challenges meant no reasonable probability of a different outcome	Failure to press the tracks theory or have Walker testify undermined the defense and could have changed the verdict	Denied — Walker failed to show reasonable probability of a different result
Whether Walker was entitled to an evidentiary hearing on his IAC claim	The record and counseled briefing failed to allege sufficient factual detail to establish a prima facie IAC claim deserving an evidentiary hearing	Walker alleged facts warranting a hearing to explore counsel's promises and whether he was discouraged from testifying	Denied — no prima facie case; judge's review of the record showed counsel addressed the relevant points and Walker's assertions were bald/unsupported

Key Cases Cited

Strickland v. Washington, 466 U.S. 668 (standard for ineffective assistance of counsel)
State v. Fritz, 105 N.J. 42 (adopting Strickland in New Jersey)
State v. Nash, 212 N.J. 518 (deference to counsel's strategic decisions)
State v. Hess, 207 N.J. 123 (avoid hindsight in reviewing counsel performance)
State v. Pierre, 223 N.J. 560 (reasonable-probability prejudice standard)
State v. Parker, 212 N.J. 269 (both Strickland prongs required)
State v. Jones, 219 N.J. 298 (bald assertions insufficient for PCR evidentiary hearing)
State v. Brewster, 429 N.J. Super. 387 (appellate review of PCR hearing decisions)
State v. Marshall, 148 N.J. 89 (standard for PCR evidentiary hearings)