STATE OF NEW JERSEY VS. TERESA VERBOUT (16-05-0220, SUSSEX COUNTY AND STATEWIDE), A-1374-19

Defendant Teresa Verbout, after heavy drinking, drove the wrong way on Route 15 for ~5 miles at 61–78 mph and, with a BAC of .179%, collided with and killed Robert J. Hunter, III.
No skid marks or deceleration were found; Verbout admitted noticing she was going the wrong way after ~3 minutes but continued.
Indicted for first‑degree aggravated manslaughter and second‑degree vehicular homicide; pleaded guilty to aggravated manslaughter and DWI under a plea agreement where the State recommended 12 years subject to NERA; defendant reserved right to argue for a second‑degree range at sentencing.
Sentenced to 12 years NERA; sentence affirmed on direct appeal.
Verbout filed a PCR petition claiming ineffective assistance of counsel at sentencing (failure to argue statutory mitigating factors b(4), b(9), b(11) and remorse) and that her plea was not knowing; the PCR court denied relief without an evidentiary hearing.
Appellate court affirmed, holding counsel’s written and oral advocacy sufficiently presented mitigating arguments and the plea colloquy showed the plea was knowing and voluntary.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether counsel was ineffective at sentencing for failing to argue statutory mitigating factors (N.J.S.A. 2C:44‑1(b)(4),(9),(11)) and remorse	Counsel adequately advocated mitigation via written memo and oral argument; strong presumption of effective assistance; no prejudice	Counsel failed to expressly invoke the statutory factors or “magic words,” and thus did not adequately seek a reduced sentence	Affirmed PCR denial: counsel’s submissions (written + oral) sufficiently presented the mitigating facts; performance not deficient and no Strickland prejudice shown
Whether the guilty plea was not knowing, voluntary, and intelligent because defendant did not understand elements of aggravated manslaughter	Record contains a thorough plea colloquy showing defendant knowingly and intelligently waived rights and pled guilty	PCR certification alleged lack of understanding of the offense elements and urged a hearing based on facts outside the record	Affirmed: plea colloquy established a knowing, voluntary plea; claim failed and did not warrant an evidentiary hearing

Strickland v. Washington, 466 U.S. 668 (1984) (establishes two‑prong ineffective assistance standard)
State v. Preciose, 129 N.J. 451 (1992) (applies Strickland in New Jersey and frames performance/prejudice analysis)
State v. Fritz, 105 N.J. 42 (1987) (prejudice must be shown; specific errors must be identified)
State v. Harris, 181 N.J. 391 (2004) (standards for appellate review when PCR hearing not held)
State v. Blake, 444 N.J. Super. 285 (App. Div. 2016) (counsel need not use “magic words” when mitigating factors are otherwise presented)
State v. O'Donnell, 435 N.J. Super. 351 (App. Div. 2014) (de novo review of factual inferences when no evidentiary hearing is held)