STATE OF NEW JERSEY VS. THOMAS T. HAWKINSÂ (11-07-0721, MERCER COUNTY AND STATEWIDE)
A-0545-15T1
| N.J. Super. Ct. App. Div. | Oct 30, 2017Background
- In Sept. 2010 Hawkins robbed a dry-cleaning shop and shot/killed the owner; he gave a videotaped confession admitting the shooting.
- Indicted on multiple counts including first‑degree murder and felony murder; in June 2012 Hawkins pled guilty to felony murder (count three) under a plea agreement dismissing remaining counts.
- Plea and supplemental NERA form informed Hawkins of a five‑year period of parole supervision after release; at plea colloquy Hawkins confirmed understanding and competency; court accepted the plea.
- Hawkins was sentenced per the plea: 30 years imprisonment with 30 years parole ineligibility and a five‑year parole supervision term; he did not move to withdraw his plea.
- Hawkins filed a pro se PCR petition (later supplemented by counsel) alleging ineffective assistance, that his plea was not knowing because he missed medication, and that the imposed parole supervision/NERA sentencing was illegal; he provided no medical records or corroborating evidence.
- The PCR judge denied relief without an evidentiary hearing; Hawkins appealed and this court affirmed, finding no prima facie showing warranting an evidentiary hearing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether PCR petitioner was entitled to an evidentiary hearing | State: petitioner failed to make a prima facie showing or present corroborating evidence; record resolves disputed issues. | Hawkins: trial counsel ineffective; plea not knowing/voluntary because he missed prescribed medication; sentencing illegal under Double Jeopardy/NERA issues. | Denied: no prima facie case; allegations were speculative/unsupported so no evidentiary hearing required. |
| Whether counsel was ineffective for failing to inform Hawkins about five‑year parole supervision | State: plea form and colloquy show Hawkins was informed and acknowledged parole supervision. | Hawkins: counsel failed to advise about parole supervision. | Denied: record shows Hawkins was informed and understood the five‑year parole supervision. |
| Whether plea was involuntary due to missed medication and counsel’s alleged instruction to lie | State: petitioner submitted no medical/mental‑health evidence or affidavits to support claim. | Hawkins: inability to take meds rendered him unable to plead knowingly; counsel directed perjury. | Denied: allegations uncorroborated and too vague to establish prima facie entitlement to relief. |
| Whether the sentence/parole supervision violated constitutional or statutory limitations (Double Jeopardy, Graves Act/NERA conflicts) | State: sentence conformed to plea and statutory scheme; no legal basis shown to invalidate term. | Hawkins/PCR counsel: argued NERA/imposition conflicts with other statutes and alleged illegal sentence. | Denied: court found no merit and that claims lacked sufficient support to warrant relief. |
Key Cases Cited
- State v. Cummings, 321 N.J. Super. 154 (App. Div. 1999) (prima facie requirement for an evidentiary hearing in PCR proceedings)
- State v. Marshall, 148 N.J. 89 (1997) (limitations on speculative or conclusory PCR allegations)
- State v. Porter, 216 N.J. 343 (2013) (requirement that PCR petition contain specific facts and evidence to support claims)
- State v. Preciose, 129 N.J. 451 (1992) (standard of review for denial of PCR without an evidentiary hearing)
- State v. Warren, 115 N.J. 433 (1989) (sentencing considerations referenced by PCR counsel)