STATE OF NEW JERSEY VS. JAMES H. VAUGHN (04-08-1042, MORRIS COUNTY AND STATEWIDE), A-0820-17T4

Background

James H. Vaughn was charged with murder, felony murder, attempted murder and related weapon offenses after shooting two people; one victim died. He was convicted and sentenced to life plus a consecutive term; some convictions were later vacated on direct appeal and he was resentenced with an unchanged aggregate term.
During jury selection at the underlying trial, prospective juror K.M. said she had a New Jersey driver's license, was registered and voted in Morris County, lived with her parents there on weekends, but rented an apartment and worked in Manhattan on weekdays. The court deemed her a Morris County resident.
Defense counsel did not challenge K.M. for cause or use a peremptory strike; defendant did not exhaust peremptory challenges. The prosecutor had previously exercised a peremptory strike of the only African‑American juror, which prompted appellate review on Batson issues in earlier proceedings.
Vaughn filed a pro se petition for post‑conviction relief (PCR) alleging trial counsel was ineffective for not moving to disqualify or striking K.M. due to alleged nonresidency in Morris County; he also alleged appellate counsel was ineffective for not arguing the trial court should have sua sponte disqualified K.M.
The PCR court denied relief without an evidentiary hearing, finding the existing record established K.M.’s Morris County domicile (driver’s license, voter registration, weekend residence) and that Vaughn failed to show prejudice or biased juror. This appeal followed.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether PCR court erred by denying an evidentiary hearing on claim counsel was ineffective for not disqualifying or striking a juror alleged to be nonresident	State: record shows K.M. was a Morris County domiciliary and no disputed material facts require an evidentiary hearing; defendant failed to show prejudice	Vaughn: K.M. was not a Morris County resident (worked and lived in NY weekdays) so counsel was ineffective for not moving to disqualify or using a peremptory	Affirmed: no prima facie claim; record supports K.M.’s domicile in Morris County; no showing of juror bias or prejudice and defendant didn’t exhaust peremptories at trial
Whether failure to challenge K.M. for cause or peremptory constituted forfeiture preventing relief	State: defendant did not object or use peremptories at trial, so he cannot now attack jury composition	Vaughn: trial counsel’s inaction was ineffective assistance that should excuse forfeiture	Held for State: prior cases bar relief where defendant did not challenge juror for cause or use peremptory and had remaining peremptories; no prejudice shown
Whether dual residence (NY work / NJ weekend) violates fair cross‑section/domicile requirement for jurors	State: domicile, not fractional presence, controls; K.M.’s license, voting and weekend home show New Jersey domicile	Vaughn: weekday NY residence means she was not a proper juror of Morris County	Held for State: domicile determined by intent to return; evidence supported NJ domicile, so juror was qualified
Whether counsel’s omission prejudiced the outcome under Strickland	State: no showing K.M. was biased or that excusal would have changed result	Vaughn: excusal would have removed a juror and could have affected verdict	Held for State: defendant failed to show a reasonable probability of a different outcome; prejudice not established

Key Cases Cited

Strickland v. Washington, 466 U.S. 668 (1984) (two‑part ineffective assistance standard)
State v. Marshall, 148 N.J. 89 (1997) (prima facie PCR standard and reasonable likelihood of success requirement)
State v. Gilmore, 103 N.J. 508 (1986) (right to jury drawn from representative cross‑section)
State v. Anderson, 132 N.J. Super. 231 (App. Div. 1975) (residency requirement for jurors advances local‑mores rationale)
Mississippi Band of Choctaw Indians v. Holyfield, 490 U.S. 30 (1989) (domicile distinct from physical residence; intent‑based inquiry)
State v. Fritz, 105 N.J. 42 (1987) (adopting Strickland in New Jersey)