Saturday, August 1, 2009

N.J. Supreme Court Rejects Defendant's Alleged Right to Perjury for Lesser Plea

In State v. Taccetta, the N.J. Supreme Court rejected a defendant's post-conviction relief claim of ineffective assistance of counsel. The decision may be found here. Defendant, an alleged member of an organized crime family, faced murder and racketeering charges. His trial counsel advised him -- incorrectly -- that if he was acquitted of the murder charge, he faced a maximum of 20 years imprisonment with just over 8 years of parole ineligibility. Defendant thereafter rejected the State's plea offer, which was 20 years with an 8 year parole disqualifier. He proceeded to trial, was acquitted of murder but convicted of racketeering and other charges. He was sentenced to an aggregate term of life imprisonment with a thirty year parole disqualifier.

On his ineffective assistance of counsel claim, Defendant maintained his innocence to the murder charge. He testified that, notwithstanding his innocence, he would have accepted the State's offer. He indicated he would have perjured himself and admitted to aggravated manslaughter to gain the benefit of the plea. The Supreme Court rejected this argument. The Court held simply that a court cannot be complicit in a Defendant's perjury. So it was inappropriate for the post-conviction trial court to have found that Defendant was entitled to perjure himself. He can not be granted relief now, notwithstanding the incorrect advice provided by trial counsel.

31 comments:

  1. 婚姻對男人來說是賭他的自由,對女人而言卻是賭她的幸福。......................................................

    ReplyDelete
  2. 以簡單的行為愉悅他人的心靈,勝過千人低頭禱告。........................................

    ReplyDelete
  3. 您的blog蠻不錯的耶,祝你快樂哦!期待您的更新!........................................

    ReplyDelete
  4. 量力而為,別勉強了,Cut your coat according to your cloth. ....................................................

    ReplyDelete
  5. 向著星球長驅直進的人,反比踟躕在峽路上的人,更容易達到目的。............................................................

    ReplyDelete
  6. 堅持是為著某種目的或目標,而持續不斷朝向既定方向努力的一種意念。..................................................

    ReplyDelete
  7. 堅持是為著某種目的或目標,而持續不斷朝向既定方向努力的一種意念。..................................................

    ReplyDelete
  8. 最敏捷的,未必贏得競賽:最強大的,未必贏得戰爭:時間與機會才是主人................................................

    ReplyDelete
  9. 每次心情跌到谷底,就對自己說:休息一下再重新開始吧............................................................

    ReplyDelete
  10. 心中醒,口中說,紙上作,不從身上習過,皆無用也。..................................................

    ReplyDelete