STATE OF NEW JERSEY VS. LUIS HERNANDEZ(04-03-0323, PASSAIC COUNTY AND STATEWIDE), A-3402-15T3

In November 2003 Hernandez fled a traffic stop, struck a Clifton police officer on a motorcycle at an intersection, and the officer died; Hernandez fled the scene but was returned by members of the public and gave blood/urine and waived Miranda rights.
A jury convicted Hernandez (June 2005) of multiple offenses including aggravated manslaughter, death by auto, eluding, leaving the scene, and related counts.
After initial appeal and remands for resentencing, Hernandez ultimately received an aggregate 40-year term (resentencing affirmed on appeal).
Hernandez filed a PCR petition (re-filed Dec. 27, 2013) alleging, among other claims, that trial counsel was ineffective for failing to investigate whether police officers were biased against him because he is Hispanic.
The PCR court denied relief on substantive grounds and found the petition time-barred; on appeal the Appellate Division affirmed, concluding Hernandez failed to make a prima facie Strickland claim and that no evidentiary hearing was warranted.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Hernandez's PCR petition was time-barred	State argued petition untimely under Rule 3:22-12(a)	Hernandez contended it should not have been procedurally barred	Court noted timeliness problem but resolved case on merits: denied (no need to decide timeliness)
Whether trial counsel was ineffective for failing to investigate alleged officer ethnic bias	State argued defendant failed to allege factual, evidentiary support showing bias or what investigation would have revealed	Hernandez argued counsel should have investigated potential anti-Hispanic bias by officers and that failure prejudiced him	Held: Hernandez failed to make prima facie showing; bald assertions without affidavits/certifications insufficient; no evidentiary hearing required

Strickland v. Washington, 466 U.S. 668 (Sup. Ct. 1984) (two-prong standard for ineffective assistance of counsel)
Miranda v. Arizona, 384 U.S. 436 (Sup. Ct. 1966) (right to counsel and warnings before custodial interrogation)
State v. Fritz, 105 N.J. 42 (N.J. 1987) (adoption of Strickland standard in New Jersey)
State v. Porter, 216 N.J. 343 (N.J. 2013) (defendant must state facts an investigation would have revealed, supported by affidavits/certifications)
State v. Cummings, 321 N.J. Super. 154 (App. Div. 1999) (supporting authority for requiring factual assertions/affidavits when alleging inadequate investigation)
State v. Preciose, 129 N.J. 452 (N.J. 1992) (standards for awarding evidentiary hearings on PCR claims)