STATE v. RIVERA


280 N.J. Super. 494 (1994)

655 A.2d 973

STATE OF NEW JERSEY, PLAINTIFF, v. CARLOS RIVERA, DEFENDANT.

Superior Court of New Jersey, Law Division Bergen County.

Decided November 9, 1994.


Attorney(s) appearing for the Case

Edward Jerejian for defendant.

John J. Fahy, Bergen County Prosecutor, for plaintiff (James Santulli, Assistant Prosecutor, of counsel and on the brief).


MOSES, P.J.S.C.

The defendant's petition for post conviction relief raises several constitutional claims. Defendant's attorney challenges the constitutionality of the reasonable doubt charge used at trial and asserts defendant was denied effective assistance of counsel on appeal, due to his counsel's failure to raise constitutional issues related to the use at trial of defendant's silence at the time of arrest. The issue surrounding the reasonable doubt charge is...

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