STATE OF NEW JERSEY VS. JEROME ANDERSON (14-06-1562, ESSEX COUNTY AND STATEWIDE), A-3716-19

In June 2014 an Essex County grand jury returned a nine-count indictment against Jerome Anderson, including murder, conspiracy, carjacking, weapons offenses, and eluding.
In 2016 Anderson pleaded guilty to first-degree aggravated manslaughter (amended count), and to counts for unlawful possession of a weapon, aggravated assault, carjacking, and eluding; remaining counts were dismissed per plea agreement.
Judge Cronin sentenced Anderson consistent with the plea: aggregate 20 years with several terms subject to NERA or parole ineligibility; one 10-year carjacking term ran consecutively.
On direct appeal the Appellate Division affirmed the sentence as not manifestly excessive.
Anderson filed a timely post-conviction relief (PCR) petition claiming ineffective assistance of counsel for (1) failing to oppose consecutive sentences, (2) not filing a suppression/Miranda motion for his 75-minute statement, and (3) failing to advise him about carjacking elements; the PCR judge denied relief without an evidentiary hearing.
The Appellate Division affirmed, finding Anderson failed to make out a Strickland prima facie claim and that the suppression and plea-related complaints were meritless or barred by prior adjudication.

Issue	State's Argument	Anderson's Argument	Held
Counsel failed to oppose consecutive sentence	Prior adjudication affirmed sentence on direct appeal; counsel not ineffective	Counsel should have argued against consecutive sentence at sentencing	Denied — claim procedurally barred by Rule 3:22-5 and meritless under Strickland; result would not have changed
Counsel failed to move to suppress custodial statement (Miranda)	Miranda warnings were given, waiver signed, statement voluntary; a suppression motion would have failed	Anderson was "very tired" during the ~75-minute interview; counsel was ineffective for not moving to suppress	Denied — record shows valid Miranda waiver and voluntariness; failure to file meritless motion not ineffective assistance
Counsel failed to advise on carjacking elements before plea	Anderson acknowledged understanding the carjacking charge and provided factual basis at plea	Counsel did not explain elements so Anderson lacked a defense to carjacking	Denied — plea colloquy and factual basis refute claim; no Strickland prejudice shown
Entitlement to evidentiary hearing	Hearing unnecessary where claims are facially meritless or barred; record resolves disputed facts	Anderson requested a remand for an evidentiary hearing on ineffective assistance claims	Denied — court correctly found no prima facie showing and no material factual disputes requiring a hearing

Strickland v. Washington, 466 U.S. 668 (1984) (two-prong ineffective-assistance test: deficient performance and prejudice)
Miranda v. Arizona, 384 U.S. 436 (1966) (custodial interrogation requires warnings and valid waiver)
State v. O'Neal, 190 N.J. 601 (2007) (failure to file a meritless motion is not ineffective assistance)
State v. Preciose, 129 N.J. 451 (1992) (standards for evidentiary hearings and burdens in PCR proceedings)
State v. Fritz, 105 N.J. 42 (1987) (presumption of effective assistance and need to show specific prejudice)
United States v. Cronic, 466 U.S. 648 (1984) (limits on presuming prejudice from counsel's performance)
State v. Porter, 216 N.J. 343 (2013) (when PCR evidentiary hearings are required)