State v. Maldon
29 A.3d 745
| N.J. Super. Ct. App. Div. | 2011Background
- Defendant Maldon pled guilty in 2002 to two counts of fourth-degree criminal sexual contact while on bail/parole for prior offenses.
- He had a 1993 conviction for kidnapping, aggravated sexual assault, and official misconduct, resulting in a 20-year sentence.
- Prior to release, he faced SVPA civil commitment based on a history of sex offenses, which culminated in a 2008 commitment order.
- Pursuant to a plea form, he marked N/A on a question about civil commitment; he and counsel later claimed he was misinformed about SVPA consequences.
- In 2008, Maldon filed a pro se PCR petition arguing ineffective assistance of counsel for misinformation about civil commitment.
- The PCR court declined an evidentiary hearing, finding no misinforming; the Appellate Division remanded for an evidentiary hearing on Strickland prongs.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness of the PCR petition | Maldon | Maldon | Timeliness recognized. |
| Ineffective assistance for misinforming plea consequences | Maldon shows misinfo by counsel affected plea | Maldon would have gone to trial if properly advised | Prima facie case; evidentiary hearing required. |
| Impact of misinformation on knowing and voluntary plea | Misinfo about SVPA consequences could render plea defective | Lack of proper advisement undermines jury-waiver/consent | Remanded for full factual record on misinfo and its effect. |
| Pipeline retroactivity and Bellamy framework | Bellamy's framework may apply to petitioners with misinfo | Bellamy pipeline retroactivity limits relief | Court to decide after evidentiary record; not resolved on appeal. |
Key Cases Cited
- State v. Bellamy, 178 N.J. 127 (2003) (civil commitment information before plea; pipeline retroactivity)
- State v. Nuñez-Valdéz, 200 N.J. 129 (2009) (reconsideration of direct-vs-collateral consequences; Strickland standard applied)
- Padilla v. Kentucky, 130 S. Ct. 1473 (2010) (misinformation on deportation consequences may affect validity of plea)
- State v. DiFrisco, 137 N.J. 434 (1994) (two-prong Strickland test for ineffective assistance with pleas)
- State v. Luckey, 366 N.J. Super. 79 (2004) (remand for evidentiary hearing in PCR context; factual record guidance)
- State v. Bringhurst, 401 N.J. Super. 421 (2008) (timeliness and procedural posture in PCR after conviction)