RECORD IMPOUNDED NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3. SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-4515-18 STATE OF NEW JERSEY, Plaintiff-Respondent, v. M.C.-A., Defendant-Appellant. _______________________ Submitted December 16, 2020 – Decided July 26, 2021 Before Judges Ostrer and Vernoia. On appeal from the Superior Court of New Jersey, Law Division, Middlesex County, Indictment No. 13-08- 1143. Joseph E. Krakora, Public Defender, attorney for appellant (John J. Bannan, Designated Counsel, on the brief). Yolanda Ciccone, Middlesex County Prosecutor, attorney for respondent (Joie Piderit, Assistant Prosecutor, of counsel and on the brief). Appellant filed a pro se supplemental brief. PER CURIAM Defendant M.C.-A. appeals from the trial court's order denying, without an evidentiary hearing, his petition for post-conviction relief (PCR). 1 Defendant collaterally attacks his jury trial conviction of multiple crimes arising out of his sexual assault of his step-daughter, E.D. (Edith), when she was between nine and sixteen years old. The convictions include two counts of first-degree aggravated sexual assault, N.J.S.A. 2C:14-2(a); one count of first-degree endangering the welfare of a child, N.J.S.A. 2C:24-4(b)(3); and four second- and third-degree crimes. Defendant received an aggregate thirty-four-year custodial term, subject to Megan's Law, N.J.S.A. 2C:7-1 to -23, and the No Early Release Act, N.J.S.A. 2C:43-7.2. We assume the reader's familiarity with the facts that supported defendant's conviction, which we reviewed in detail in affirming defendant's conviction and sentence on direct appeal. See State v. M.C.-A., No. A-1509-14 (App. Div. Aug. 8, 2017) (M.C.-A. I), certif. denied, 232 N.J. 104 (2018). 1 We variously employ initials and fictitious names to identify defendant, the juvenile victim of the crimes for which defendant was convicted, and other witnesses because disclosure of the identity of a victim of sexual assault under the age of eighteen is prohibited, N.J.S.A. 2A:82-46, and because the names of child victims of sexual assault under N.J.S.A. 2A:82-46, and the names of victims of sexual offenses, are otherwise excluded from public access, R. 1:38- 2(c)(9), (12). 2 A-4515-18 Defendant's pro se petition identified no grounds for relief, stating he would provide them after counsel was assigned. In his counseled petition, he asserted his trial counsel was ineffective. He identified two issues that he claimed he brought to his attorney's attention, but which his attorney ignored. First, he contended that counsel did not adequately pursue Edith's alleged recantation. Defendant stated that Edith sent him an "email/Facebook Instant Message where she apologized for accusing me and recanted her statements." Defendant claimed his step-daughter wrote, "I'm sorry Daddy. I didn't want to do this to you. Mommy made me do this. Mommy didn't believe me that it didn't happen." Defendant claimed he "accidentally deleted the message." He asked his attorney to retain an expert to retrieve the message and his …
Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals