STATE OF NEW JERSEY VS. JUSTIN HUGHES(11-02-0198, UNION COUNTY AND STATEWIDE)
A-2156-15T1
| N.J. Super. Ct. App. Div. | Sep 8, 2017Background
- Justin Hughes pled guilty to second-degree possession with intent to distribute and second-degree possession of a firearm during a narcotics offense; aggregate sentence 11 years with 3-year parole ineligibility.
- At plea time he faced an 11-count indictment exposing him to a possible 65-year sentence; the plea dismissed all but two counts and recommended an 11-year exposure.
- The trial court had denied Hughes's suppression motion before the plea; the sentence was later affirmed as reasonable on direct appeal but remanded to correct that the terms run consecutively.
- Hughes filed a post-conviction relief (PCR) petition alleging ineffective assistance of counsel (IAC) based on counsel's ethics violations, failure to call a key witness, inadequate investigation and preparation, and other trial shortcomings; counsel had been suspended from practice after the plea but before sentencing.
- Judge Peim denied the PCR without an evidentiary hearing, issuing a detailed 16-page statement finding Hughes failed to make a prima facie showing of IAC and that counsel's unrelated disciplinary problems did not by themselves establish deficient performance.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether counsel's unrelated ethics violations automatically establish per se IAC | State: disciplinary issues unrelated to the case do not, by themselves, prove IAC | Hughes: any illegal or unethical conduct by counsel in NJ should amount to per se IAC absent a valid waiver | Court: No — disciplinary problems alone are insufficient; must show similar misconduct affecting representation; Hughes failed to make a prima facie showing |
| Whether counsel failed to investigate/prepare and thus provided deficient performance | State: record lacked proof of deficient investigation or prejudice | Hughes: counsel failed to investigate, call a key witness, use private investigator material, and prepare for cross-examination and sentencing mitigation | Court: Denied — allegations unsupported by facts in record; no showing of deficient performance or prejudice; no evidentiary hearing warranted |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (IAC requires deficient performance and prejudice)
- State v. Fritz, 105 N.J. 42 (applying Strickland standard in NJ PCR context)
- State v. Preciose, 129 N.J. 452 (prima facie showing required for PCR evidentiary hearing)
- State v. Allegro, 193 N.J. 352 (defense counsel disciplinary problems alone do not establish IAC)
- In re Chambers, 217 N.J. 196 (discipline/suspension of attorney)