New Jersey v. Parker

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Defendant Johnnie Parker was seventeen years old when he was questioned by police about the stabbing death of Demetreas Fletcher. Parker gave a statement to officers admitting that he and a friend, also a juvenile, had killed Fletcher, but he claimed that he was pressured to commit the crime by a drug dealer known as "Polo Mike," for whom Parker worked. Parker expressed to the officers his belief that he would have been killed if he had not complied with Polo Mike’s orders. The other individual involved in the slaying corroborated Parker’s statement that Polo Mike had ordered Fletcher’s death and that they feared for their lives if they did not comply. The Family Part waived jurisdiction and both young men were indicted for murder and other crimes. Parker eventually entered a negotiated plea of guilty to an amended charge of aggravated manslaughter, and the State agreed to recommend a sentence of twenty-five years in prison. When Parker appeared before the trial court to plead guilty, his attorney did not mention Parker’s belief that he would be killed if he did not comply with Polo Mike’s directions. At the sentencing hearing, Parker’s attorney made no argument on his behalf and merely expressed sympathy for the victim’s family and asked the judge to sentence Parker in accordance with the negotiated plea. Parker did not file a direct appeal from his conviction or sentence. Parker filed a timely petition for post-conviction relief in 2007, and counsel was assigned to represent him. In the petition, the attorney argued that the performance of Parker’s trial attorney was ineffective because he failed to investigate the surrounding facts, did not argue that Parker had acted under duress, and did not assert at sentencing that Parker should receive a lesser period of incarceration. The judge reviewed the petition and supporting documents and denied post-conviction relief. The Appellate Division affirmed. After considering the arguments in support of post-conviction relief, and applying the strong presumption in favor of oral argument for initial post-conviction relief petitions, the Supreme Court concluded that Parker was entitled to oral argument and remanded the case back to the trial court. View "New Jersey v. Parker" on Justia Law