STATE OF NEW JERSEY VS. GEORGE JENEWICZÂ (99-01-0031, MIDDLESEX COUNTY AND STATEWIDE)
A-3580-15T1
| N.J. Super. Ct. App. Div. | Nov 30, 2017Background
- Police responded to citizen reports of a dead body at defendant George Jenewicz’s home; Jenewicz answered the door, consented to entry and to a search while muttering and urinating; human remains of his girlfriend were found in a basement garbage bag.
- Jenewicz gave a sworn statement admitting he shot and dismembered the victim; forensic evidence corroborated his account.
- First trial (2008) resulted in convictions including murder; New Jersey Supreme Court reversed the murder conviction and remanded for a new trial.
- At retrial (2008), Jenewicz was convicted of murder and related charges and sentenced to life with 30 years parole ineligibility (plus consecutive terms for other counts); appeals were unsuccessful.
- Jenewicz filed a post-conviction relief (PCR) petition alleging ineffective assistance of trial counsel for (1) failing to call a psychiatric expert used at the first trial and (2) failing to move to suppress the warrantless search/consent because he was allegedly incapacitated; PCR was denied without an evidentiary hearing.
- Appellate Division affirmed, holding defendant failed to meet Strickland/Fritz prejudice prong, some claims were procedurally barred as previously litigated, and the warrantless search was justified under emergency-aid principles.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Jenewicz) | Held |
|---|---|---|---|
| 1. Ineffective assistance for failing to call psychiatric expert | Trial counsel’s choices were strategic and within range of competent representation; expert would not have changed outcome | Counsel was ineffective for not using an available psychiatric expert who testified at the first trial to support self-defense/impairment | Denied — counsel’s omission did not create a reasonable probability of a different result under Strickland/Fritz |
| 2. Ineffective assistance for failing to move to suppress consent to entry/search | Recorded statement and trial judge’s observation showed defendant was cogent; even if consent were challenged, search was lawful under emergency-aid/community-caretaking exceptions | Counsel should have moved to suppress due to Jenewicz’s intoxication/incapacity vitiating consent | Denied — claim was procedurally barred in part and, on the merits, search would be justified under emergency-aid doctrine; no prejudice shown |
| 3. Procedural bar to relitigating search issue (R. 3:22-5) | The legality of the search (bag) was litigated on direct appeal; collateral relitigation is barred | Argues search consent was not properly addressed earlier and raises it as ineffective assistance | Denied — appellate record had addressed search validity; collateral relief on same issue barred |
| 4. Entitlement to evidentiary hearing on PCR claims | No prima facie showing of ineffective assistance or facts outside the record requiring a hearing | Proffered claims and some pro se material warranted an evidentiary hearing | Denied — defendant failed to make a prima facie showing; facts were of record and no reasonable probability of different outcome |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (establishes two-prong ineffective assistance standard)
- State v. Fritz, 105 N.J. 42 (adopts Strickland standard in New Jersey)
- State v. Preciose, 129 N.J. 451 (burden to establish entitlement to PCR by preponderance; prima facie showing for hearing)
- State v. Frankel, 179 N.J. 586 (emergency-aid doctrine allowing warrantless entry/search to protect life)
- State v. Edmonds, 211 N.J. 117 (modification/clarification of Frankel test for emergency-aid searches)
- State v. Jenewicz, 193 N.J. 440 (NJ Supreme Court decision reversing the initial murder conviction and remanding for new trial)