STATE OF NEW JERSEY VS. GARY C. JACQUESÂ (05-04-0307, MERCER COUNTY AND STATEWIDE), A-1647-15T2

Defendant Gary C. Jacques was convicted of burglary and robbery after an on-scene struggle; victim chased him, removed his sweatshirt, and police quickly apprehended him.
Eyewitness identifications shortly after the crime and discovery of an olive green t-shirt at defendant’s home (matching the victim’s description) were central to the State’s case.
A jacket with jewelry was found near the scene; a woman witness handled the jacket before giving it to the victim.
The State did not perform DNA testing on the garments at trial; defense counsel emphasized the lack of DNA evidence in cross‑examination.
Post-conviction counsel obtained DNA testing: defendant was a likely contributor to DNA on the inside collar of the olive green t-shirt; other unknown contributors, including female profiles, were on the sweatshirt and jacket; no matches to third parties were identified.
PCR court denied relief, finding counsel’s decision not to test was a plausible trial strategy and that the DNA results would not have changed the verdict; appellate division affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether defendant is entitled to an evidentiary hearing on ineffective assistance for failure to test clothing for DNA	State: Trial counsel’s decision was strategic; no showing of prejudice from omitted testing	Jacques: Counsel ineffective for not conducting DNA testing; testing showed his DNA on the t‑shirt and could have undermined identification	Denied — no prima facie Strickland showing; counsel’s decision was reasonable strategy and DNA would not have altered outcome

Strickland v. Washington, 466 U.S. 668 (1984) (two‑part ineffective assistance standard: deficient performance and prejudice)
State v. Fritz, 105 N.J. 42 (1987) (applying Strickland in New Jersey)
State v. Preciose, 129 N.J. 451 (1992) (prima facie PCR standard and when evidentiary hearing is required)
State v. Jacques, 212 N.J. 490 (2011) (Supreme Court remand on limited sentencing matters)