Superior Court of New Jersey — Law Division, Criminal Part — Atlantic County
Devon T. Barber v. State of New Jersey — Unified Post-Conviction Relief (ATL-22-002292 & ATL-22-002313)
Barber v. State (Unified PCR 2022) · Docket ATL-22-002292
Superior Court of New Jersey — Law Division, Criminal Part — Atlantic County
Devon T. Barber v. State of New Jersey — Unified Post-Conviction Relief (ATL-22-002292 & ATL-22-002313)
Barber v. State (Unified PCR 2022)
Superior Court of New Jersey — Law Division, Criminal Part — Atlantic County
Devon T. Barber v. State of New Jersey — Unified Post-Conviction Relief (ATL-22-002292 & ATL-22-002313)
Post-conviction proceedings under N.J. Ct. R. 3:22 spanning related 2022 Atlantic County criminal dockets ATL-22-002292 and ATL-22-002313. The petitions challenge counsel performance, evidentiary handling, and sentencing procedure, asserting constitutional and equitable grounds for relief.
Devon T. Barber v. State of New Jersey — Post-Conviction Relief under R. 3:22
Overview
This petition seeks post-conviction relief pursuant to N.J. Ct. R. 3:22, asserting violations of the Sixth Amendment right to effective counsel, the Fourteenth Amendment rights to due process and fundamental fairness, and Fifth Amendment protections against compelled or uninformed waiver of rights. The petition alleges ineffective assistance, failure to investigate, failure to disclose exculpatory and impeachment material, involuntary or insufficiently informed plea advisement, procedural defects affecting arraignment and pretrial stages, and other irregularities that cumulatively rendered the proceedings constitutionally unreliable.
Key Legal Questions
- Whether trial counsel’s performance violated the Strickland v. Washington / State v. Fritz standards for deficient performance and resulting prejudice.
- Whether counsel failed to investigate material facts, defenses, or witnesses in a manner that deprived petitioner of constitutionally adequate representation under the Sixth Amendment and New Jersey law.
- Whether exculpatory, mitigating, or impeachment evidence was withheld in violation of Brady v. Maryland and related disclosure obligations applicable to the State.
- Whether any plea discussions, advisements, or waivers were involuntary or inadequately informed under Boykin v. Alabama, State v. Slater, and State v. Henderson.
- Whether structural or procedural irregularities during arraignment, pretrial proceedings, or case management deprived petitioner of due process and fundamental fairness required by the Fourteenth Amendment and the New Jersey Constitution.
- Whether fragmentation, consolidation issues, or inconsistent handling across the related 2022 dockets violated principles of fundamental fairness and impaired petitioner’s ability to mount a unified defense.
- Whether cumulative errors—including ineffective assistance, nondisclosure, incomplete investigation, and irregular procedure—rendered the outcome unreliable under federal and state constitutional standards.
- Whether administrative delay, misrouting, or inconsistent processing of petitioner’s PCR filings undermined the remedial and corrective purpose of N.J. Ct. R. 3:22-1 et seq.
Filed Documents
Procedural Posture
The unified PCR petitions remain pending before the Law Division, Atlantic County. Petitioner seeks vacatur or modification of judgment where constitutional error is established and requests an evidentiary hearing under R. 3:22-10(b).
Docket
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— Filing:
Certification of Supplemental Record and Request for Transmittal to Appellate Division
Related to ATL-22-002292
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— Filing:
Petition for Post-Conviction Relief with Certification and Memorandum (ATL-22-002292)
Related to ATL-22-002292