STATE OF NEW JERSEY VS. TERRENCE HOUSERÂ (11-06-1159, ESSEX COUNTY AND STATEWIDE), A-5227-15T3

Defendant Terrence Houser pled guilty to second-degree aggravated assault after a liquor-store altercation captured on video showing him repeatedly striking, kicking, and stomping a motionless victim who later suffered traumatic brain injuries.
A co-defendant had pled earlier; defendant initially attempted a plea but the court rejected the factual basis because statements suggested possible self-defense. A second sworn factual proffer established the assault continued after the victim was no longer a threat, and the court accepted the plea.
Defendant failed to appear for the scheduled sentencing; the court warned failure to appear could expose him to the plea's maximum term. He later was arrested on a bench warrant in Georgia.
Defendant moved to withdraw his plea, arguing inadequate factual basis and ineffective assistance of counsel (limited contact, failure to investigate, coercion to plead). The trial judge denied the motion after viewing the video and finding the plea voluntary and supported by evidence.
At sentencing the judge imposed a ten-year term (the plea's maximum), finding several aggravating factors and no mitigators; defendant appealed his sentence and a subsequent PCR petition, both were denied.

Issue	Plaintiff's Argument (State)	Defendant's Argument (Houser)	Held
Validity of guilty plea/factual basis	Video and defendant's sworn statements support elements and negate self-defense	Factual basis was inadequate; plea should be withdrawn	Court: Factual basis adequate; plea voluntary; contention barred on direct appeal (Rule 3:22-4(a))
Ineffective assistance for plea/sentencing	Counsel negotiated favorable plea given strong State evidence; representation not deficient	Counsel met only once, failed to investigate, withheld discovery, coerced plea	Court: No deficient performance or prejudice under Strickland/Hill; PCR denied
Failure to appear justification	Defendant gave inconsistent reasons; no record support for claimed emergency	Defendant claimed daughter’s surgery and other reasons for nonappearance	Court: Explanations unsupported; treating defendant as fugitive justified bench warrant and enhanced exposure at sentencing
Entitlement to evidentiary hearing on PCR	Record and video conclusively resolve claims; no prima facie showing	Defendant sought hearing to prove counsel’s shortcomings and coercion	Court: No evidentiary hearing warranted under R.3:22-10; record dispositive

United States v. Wade, 388 U.S. 218 (Wade lineup/suggestiveness standard for identifications)
Strickland v. Washington, 466 U.S. 668 (standard for ineffective assistance: deficient performance and prejudice)
Hill v. Lockhart, 474 U.S. 52 (ineffective-assistance standard applied to guilty pleas)
State v. Fritz, 105 N.J. 42 (New Jersey articulation of Strickland standard)
State v. Slater, 198 N.J. 145 (consideration of evidence when evaluating claims of innocence/self-defense)
State v. Rue, 175 N.J. 1 (scope of PCR review and preserved issues)
State v. Cummings, 321 N.J. Super. 154 (requiring more than bald assertions for prima facie ineffective-assistance claims)
State v. Subin, 222 N.J. Super. 227 (procedures and warnings regarding sentencing appearances)