STATE OF NEW JERSEY VS. MIKE NEWMAN (09-02-0140, CUMBERLAND COUNTY AND STATEWIDE)
A-5659-18
| N.J. Super. Ct. App. Div. | Sep 21, 2021Background
- In 2010 Mike Newman was convicted of attempted murder, robbery, aggravated assault, and weapons offenses and sentenced to an aggregate 40-year mandatory term as a persistent offender.
- Identification and inculpatory testimony came from the victim, the victim’s former girlfriend, and family members; a photo ID and pre-shooting statements to the girlfriend were part of the record.
- Newman’s direct appeal and his first PCR petition were denied; the Supreme Court denied certification of his first PCR petition in February 2016.
- In July 2018 Newman filed a second PCR petition alleging (inter alia) ineffective assistance for failure to request a competency hearing, failure to remove a juror, inadequate voir dire, and lack of juror investigation; he also requested appointment of counsel.
- The PCR court denied the second petition on the papers as untimely and without merit and declined to appoint counsel; the Appellate Division affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness of second PCR under R. 3:22-12(a)(2) | Petition is time-barred; no new constitutional rule or newly discovered factual predicate; not filed within one year of denial of first PCR | Petition should be considered despite delay; claims merit review | Held: Petition untimely under R.3:22‑12(a)(2); no basis to relax time limits |
| Ineffective assistance for failing to seek competency hearing and other investigation (Strickland/Fritz) | Record lacks affidavits or proofs raising bona fide doubt of competence; counsel’s choices were reasonable trial strategy; claims previously raised or meritless | Counsel was deficient for not requesting competency exam and failing to investigate/juror challenges, causing prejudice to outcome | Held: Claims substantively without merit; no bona fide doubt of competence; Strickland/Fritz not satisfied |
| Appointment of counsel for second PCR (R. 3:22-6(b)) | No good cause; petition facially dismissible and raises no substantial issue of fact or law requiring counsel | Indigent appellant entitled to counsel to develop competency and juror claims | Held: No good cause to appoint counsel; assignment not required for second/subsequent petition |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (establishes two‑part ineffective assistance test)
- State v. Fritz, 105 N.J. 42 (New Jersey adoption of Strickland test)
- Dusky v. United States, 362 U.S. 402 (competency standard for standing trial)
- Pate v. Robinson, 383 U.S. 375 (right to competency hearing when bona fide doubt exists)
- State v. Jackson, 454 N.J. Super. 284 (construction of Rule 3:22-12 time limits)
- State v. Worlock, 117 N.J. 596 (failure to raise losing legal arguments is not deficient performance)