STATE OF NEW JERSEY VS. DENNIS KERRIGAN (08-02-0187, MERCER COUNTY AND STATEWIDE)
A-4085-15T3
| N.J. Super. Ct. App. Div. | Oct 31, 2017Background
- Defendant Dennis Kerrigan was convicted by a jury in 2010 of fourth-degree stalking of his townhouse complex manager and sentenced to two years' probation.
- Evidence at trial: manager, a resident, and a police officer testified that Kerrigan repeatedly confronted, stared at, and acted aggressively toward the manager; manager logged over 50 incidents.
- Events highlighted: Kerrigan parked his van near the manager’s office, stared at it, the manager was frightened and called police; Kerrigan drove off and later returned.
- Kerrigan’s direct appeal and petition for certification were denied; conviction affirmed on appeal.
- In 2015 Kerrigan filed a PCR petition alleging trial counsel was ineffective for multiple failures (subpoenas, presenting exculpatory/retaliation evidence, eliciting certain testimony). The PCR court denied relief without an evidentiary hearing.
- Appellate Division affirmed, adopting the PCR judge’s analysis that Kerrigan failed to make a prima facie showing of ineffective assistance or prejudice and thus was not entitled to an evidentiary hearing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether defendant was entitled to a PCR evidentiary hearing on ineffective-assistance claims | State: trial counsel’s performance was objectively reasonable; record shows no material disputed facts; no prima facie case under Strickland | Kerrigan: counsel failed to enforce subpoenas, present evidence of retaliation/complaints, and cross-examine witnesses effectively, undermining defense | Court affirmed denial of PCR and refusal to hold evidentiary hearing; Kerrigan failed to show deficient performance or prejudice and made no prima facie case |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (standard for ineffective assistance of counsel)
- State v. Fritz, 105 N.J. 42 (adopting Strickland in New Jersey)
- State v. Porter, 216 N.J. 343 (Rule 3:22-10(b) evidentiary hearing standards)
- State v. Preciose, 129 N.J. 451 (prima facie requirement for PCR ineffective-assistance claims)