200 N.J. 183 (N.J. 2009)

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State v. Taccetta

Supreme Court of New Jersey

Jul 30, 2009

200 N.J. 183 (N.J. 2009)

Summary

holding "a PCR court, engaging in a hindsight review, cannot hold that a plea would have been acceptable had a defendant lied under oath" because a defendant may not plead guilty to an offense while maintaining his innocence

Summary of this case from State v. Blann

See 15 Summaries

Opinion

No. A-13 September Term 2008.

Argued January 20, 2009.

Decided July 30, 2009.

Appeal from the Superior Court, Appellate Division, 2008 WL 596192, affirmed.

Robert E. Bonpietro, Deputy Attorney General, argued the cause for appellant ( Anne Milgram, Attorney General of New Jersey, attorney).

Steven B. Duke, a member of the Connecticut bar, argued the cause for respondent ( Marco A. Laracca, attorney; Mr. Duke and Mr. Laracca, on the briefs).

Summaries of

State v. Taccetta

Supreme Court of New Jersey

Jul 30, 2009

200 N.J. 183 (N.J. 2009)

Summary of this case from State v. Blann

ruling that where defendant repeatedly stated at trial that he was innocent and later alleged ineffective assistance of counsel as to sentencing consequences, that defendant was not prejudiced by counsel's actions because if defendant would have accepted a plea agreement, he could not have provided a truthful factual basis when entering a guilty plea and the plea would not have been accepted by the court

Summary of this case from Quintana v. Administrator

rejecting the defendant's ineffective assistance of counsel claim that he "could have entered a guilty plea to the purported plea offer if correctly advised [by his attorney] concerning the sentencing consequences" because to do so defendant would have "commit[ted] perjury in giving a factual basis for a crime he insist[ed] he did not commit" a practice "antithetical to our court rules, case law, and the administration of justice"

Summary of this case from State v. Holmes

In Taccetta, the defendant was convicted of numerous crimes and sentenced to life imprisonment, plus ten years, and a thirty-year period of parole ineligibility.

Summary of this case from Wise v. Johnson

In Taccetta, the defendant was provided inaccurate advice from his trial counsel regarding a plea offer made by the State.

Summary of this case from State v. Brinson

In Taccetta, the Court found "as a matter of law, that [the] defendant could not have entered a plea of guilty to the purported plea proposal" because a defendant "does not have the right to commit perjury in giving a factual basis for a crime that he [or she] insists he [or she] did not commit."

Summary of this case from State v. Pfefferle

In Taccetta, the Court recognized that there will be times when an accused may enter a plea of guilty to a crime that he or she did not commit to insulate himself or herself from a "potentially greater sentence if found guilty by a jury."

Summary of this case from State v. Pfefferle

In State v. Taccetta, 200 N.J. 183, 197-98 (2009), our Supreme Court held that a defendant who asserts his innocence cannot claim he suffered prejudice from his trial attorney's deficient advice that caused him to reject a favorable plea offer.

Summary of this case from State v. Cawley

providing defendant could not have entered a plea because he should not have to commit perjury by giving a factual basis for a crime he claimed he did not commit

Summary of this case from State v. Spaggery

In State v. Taccetta, 200 N.J. 183, 195 (2009), the Supreme Court held that "[t]he notion that a defendant can enter a plea of guilty, while maintaining his innocence, is foreign to our state jurisprudence" and provides no basis for PCR based on ineffective assistance of counsel.

Summary of this case from State v. Romero

In Taccetta, the Court rejected defendant's argument that his trial attorney was deficient because he should have counseled him to plead guilty despite his claim of innocence.

Summary of this case from State v. Martinez

In Taccetta, the trial court granted the defendant's PCR based on a judicial finding of ineffective assistance of counsel due to trial counsel's failure to inform the defendant of the sentencing consequences.

Summary of this case from State v. Davis

stating that our state jurisprudence rejects "[t]he notion that a defendant can enter a plea of guilty, while maintaining his innocence," and distinguishing the standard in Alford, supra

Summary of this case from State v. Urbina

noting that "[t]he notion that a defendant can enter a plea of guilty, while maintaining his innocence, is foreign to our state jurisprudence," and provides no basis for a PCR claim of ineffective assistance of counsel

Summary of this case from State v. Cowan

In Taccetta, the defendant rejected a plea offer that he would have otherwise accepted because his attorney misinformed him about the sentencing consequences that would follow if he were found guilty.

Summary of this case from State v. Dirago

State v. Taccetta

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State v. Taccetta

State v. Taccetta

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State v. Taccetta

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