State v. Harris, 1502003769

Defendant Jaquan L. Harris pleaded guilty (Sept. 16, 2015) to Rape in the Fourth Degree and Conspiracy in the Second Degree; sentenced to 11 years at Level V with most time suspended and probation to follow.
Victim reported a sexual assault after encountering an unknown male during sex at Harris’s home; she identified Harris as her partner and later discovered a different voice/actor had resumed intercourse.
Police obtained and executed a search warrant for Harris’s residence; they recovered condom wrappers, bedding, and the victim’s ID from Harris’s person. Harris gave a post‑Miranda confession admitting he arranged for a friend to impersonate him.
Harris filed a timely Rule 61 motion alleging (1) not informed of right to counsel, (2) police left a listening device (Fourth Amendment), (3) plea was coerced, (4) ineffective assistance for not earlier raising grounds 1–3, and (5) illegal warrantless arrest/suppression issue (amended).
The Commissioner reviewed the record (including recorded waiver, plea colloquy, plea form, counsel affidavit, and the search warrant) and concluded there was probable cause/reasonable suspicion, valid Miranda waiver, and no evidentiary basis for suppression or ineffective assistance prejudice.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Failure to advise of right to counsel (Miranda)	Harris: police did not inform him of Miranda before questioning.	State/Counsel: transcript shows Miranda warnings were given and Harris waived and agreed to speak.	Denied — record proves Miranda warnings and valid waiver.
Fourth Amendment violation — listening device left behind	Harris: police left a live surveillance/listening device in home.	State/Counsel: no evidence or report of any device; counsel had no basis to litigate.	Denied — no factual support for claim.
Coerced/involuntary guilty plea	Harris: felt pressured and pleaded because unaware of constitutional violations.	State/Counsel: plea colloquy and signed plea form show plea was knowing, voluntary, and strategic to avoid mandatory minimum.	Denied — plea found knowing and voluntary; defendant bound by plea colloquy and form.
Ineffective assistance of counsel for failing to move to suppress/arise earlier	Harris: counsel should have moved to suppress arrest/statement; would have gone to trial if suppression succeeded.	State/Counsel: counsel’s performance was reasonable given strong evidence; defendant fails to show a reasonable probability he would have rejected the plea and been acquitted.	Denied — no deficient performance or prejudice under Strickland; claims meritless.

Strickland v. Washington, 466 U.S. 668 (establishes two‑prong ineffective assistance test: performance and prejudice)
New York v. Harris, 495 U.S. 14 (post‑Miranda statements not excluded as fruit of an unlawful arrest when probable cause exists)
Terry v. Ohio, 392 U.S. 1 (reasonable, articulable suspicion standard for investigatory stops)
Godinez v. Moran, 509 U.S. 389 (standard for determining whether plea is knowing and voluntary)