State v. Barlow
17 A.3d 843
N.J. Super. Ct. App. Div.2011Background
- July 8, 2007 robbery in Trenton; two suspects identified as McIntosh and Barlow; victims able to identify them at scene.
- Police recovered a handgun and hooded sweatshirts from the suspects’ belongings during a pat-down and backpack search.
- McIntosh pled guilty May 13, 2009 and implicated Barlow; defendant then pled guilty to one count of first-degree robbery with a post-plea factual basis for a 10-year term under No Early Release Act.
- Defendant sought to retract his plea after the plea hearing; defense counsel did not support withdrawal and conveyed objections to the judge.
- Defendant wrote a letter to counsel indicating desire to retract; counsel and judge relied on defense counsel’s statements and defendant’s letter to deny withdrawal.
- Appellate Division reversed and remanded for new counsel and a different judge to evaluate withdrawal under pre-sentence Slater standards
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether defendant’s colorable innocence claim warrants plea withdrawal. | Barlow raised innocence as basis to withdraw. | Barlow consistently asserted innocence and sought withdrawal. | Remand for new counsel and reconsideration of withdrawal under Slater |
| Whether counsel’s conduct deprived Barlow of effective assistance in seeking withdrawal. | Counsel adequately represented client’s interests. | Counsel undermined innocence claim and failed to pursue withdrawal. | Counsel ineffective; remand for new representation and reconsideration |
Key Cases Cited
- State v. Hayes, 205 N.J. 522 (N.J. 2011) (withdrawal of guilty plea requires protecting right to counsel; adjournment error underlines importance of counsel)
- State v. Rue, 175 N.J. 1 (2002) (counsel must advocate for a client’s claims in PCR proceedings; ineffective presentation improper)
- State v. Slater, 198 N.J. 145 (2009) (four-factor test for withdrawal of guilty plea: innocence, reasons, plea bargain, prejudice)
- State v. Sugar, 84 N.J. 1 (1980) (right to counsel essential at critical stages; longstanding principle)
- State v. Fritz, 105 N.J. 42 (1987) (constitutional protections in plea and trial contexts; standard adoption in New Jersey)
- State v. A.O., 198 N.J. 69 (2009) (once adversary proceedings begin, right to counsel applies to critical stages)
- Jones v. Barnes, 463 U.S. 745 (1983) (defendant controls plea decisions; counsel must advocate without undermining)