STATE OF NEW JERSEY VS. SAMMY MOORE (94-06-0636, UNION COUNTY AND STATEWIDE)
A-3682-15T1
| N.J. Super. Ct. App. Div. | Aug 28, 2017Background
- Convicted in 1994 of first‑degree murder, first‑degree attempted murder, two counts of first‑degree robbery, and related offenses; aggregate life sentence with 40 years parole ineligibility.
- On direct appeal, all but one robbery conviction were affirmed; one robbery conviction was reversed (state Supreme Court denied certification).
- Defendant’s plan with four others to commit armed robbery in Plainfield; he shot and killed one victim and wounded another; he possessed the murder victim’s car.
- First PCR petition filed in 1998 asserting ineffective assistance of trial and appellate counsel; denied in 2000 and affirmed on appeal in 2002.
- Second PCR petition filed June 25, 2015 alleging ineffective assistance regarding a photo shown to the surviving victim; trial court denied as untimely under Rule 3:22‑12(a)(2).
- Appellate Division affirmed denial, holding the second PCR untimely and lack of prejudice; no accepted basis to remand or conduct an evidentiary hearing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness of second PCR under Rule 3:22-12(a)(2) | Moore claims timely under discovery of illiteracy and later literacy | State argues petition filed more than one year after 2013 literacy realization, thus untimely | Untimely; time bar enforced |
| Merits of ineffective assistance regarding use of photograph | Counsel failed to object to misrepresentation that photo depicted Moore | Photo did not clearly identify Moore; not prejudicial | No prima facie showing of prejudice; no reversible error |
| Whether denial without a hearing was proper | Procedural due process and need for hearing | Record supports timeliness and lack of prejudice; hearing unnecessary | No remand; sufficient basis to deny |
Key Cases Cited
- State v. Brewster, 429 N.J. Super. 387 (App. Div. 2013) (timeliness where discovery occurs after the time bar enhances bar)
- State v. Goodwin, 173 N.J. 583 (2002) (exceptional circumstances for time extensions in PCR)
- Strickland v. Washington, 466 U.S. 668 (1984) (ineffective assistance standard—prejudice and deficient performance)
- State v. Fritz, 105 N.J. 42 (1987) (requires showing a reasonable probability of different outcome)