STATE OF NEW JERSEY VS. KARLA FREEMANÂ (04-02-0122, MERCER COUNTY AND STATEWIDE), A-3386-14T2

Background

In 2004 Karla Freeman was indicted for murder, felony murder, first-degree robbery (two counts), weapons offenses, and tampering; she was tried twice after a mistrial and convicted of felony murder and second-degree robbery (as a lesser-included of first-degree robbery).
Facts: victim William Goldware was found with multiple stab wounds in Freeman’s home after a meeting arranged through a third party; Freeman made multiple statements to police implicating herself and also implicating co-defendant Maurice Turner.
A State detective’s testimony at the first trial (identifying Freeman as the source of phone numbers, one belonging to Turner) prompted a Bruton-type concern and led to a mistrial; Freeman was retried and convicted.
Freeman petitioned for post-conviction relief (PCR) alleging ineffective assistance of trial and appellate counsel (failure to move for dismissal after mistrial/double jeopardy; inadequate plea advice; failure to investigate/call witnesses; failure to advise re: testifying; appellate failures re: prosecutorial vindictiveness and jury instructions).
The PCR court held an evidentiary hearing, denied relief, and this appeal affirmed the denial but remanded to correct the judgment to reflect robbery as second-degree rather than first-degree.

Issues

Issue	State's Argument	Freeman's Argument	Held
Trial counsel ineffective for not moving to dismiss indictment after mistrial (double jeopardy)	Mistrial was legally justified by manifest necessity (inadmissible inculpatory testimony); retrial permitted.	State’s witness caused the mistrial through inexcusable neglect; retrial should have been barred.	No ineffective assistance — dismissal was meritless; mistrial justified and counsel need not have moved to dismiss.
Trial counsel ineffective for failing to convey/advise on plea offer	Counsel pursued and conveyed plea negotiations; defendant rejected plea knowingly; no gross misadvice shown.	Counsel failed to explain felony-murder exposure and that she would face liability as a participant; she would have accepted 15-year offer.	No ineffective assistance — defendant failed to prove deficient advice or prejudice.
Failure to investigate/call witnesses and failure to advise re: testifying	Counsel’s strategic choices on witnesses and testimony were reasonable; record shows defendant chose not to testify after being advised.	Counsel did not interview proposed witnesses (alcohol/character) and did not advise defendant about right to testify; this prejudiced defense.	No ineffective assistance — petitioner did not show what investigation would have produced or material prejudice; record supports counsel’s conduct and that defendant waived testifying.
Appellate counsel ineffective for not raising prosecutorial vindictiveness and jury-charge issues	Prosecutorial charging/plea decisions are discretionary; remark at a pretrial hearing did not produce demonstrable prejudice; jury charge on accomplice liability was proper and conspiracy was not charged.	Prosecutor refused plea prior to first trial out of vindictiveness; appellate counsel should have raised that and the alleged flawed accomplice instruction.	No ineffective assistance — no reasonable probability of success on appeal; defendant received a post-mistrial plea offer and the accomplice instruction claim lacked merit.

Key Cases Cited

Strickland v. Washington, 466 U.S. 668 (ineffective assistance standard)
Bruton v. United States, 391 U.S. 123 (admission of co-defendant statements raising Confrontation issues)
Evitts v. Lucey, 469 U.S. 387 (ineffective assistance extends to first appeals as of right)
State v. Loyal, 164 N.J. 418 (mistrial/retrial and manifest necessity)
State v. Farmer, 48 N.J. 145 (when jeopardy attaches and limits on retrial)
State v. Preciose, 129 N.J. 451 (PCR burden of proof)
State v. Worlock, 117 N.J. 596 (meritless claims and failure to raise unsuccessful arguments not ineffective assistance)