No. 20-8244

Abdul S. Aziz v. New Jersey

Lower Court: New Jersey
Docketed: 2021-06-08
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-review civil-rights constitutional-rights covid-19-impact due-process fair-trial ineffective-assistance ineffective-counsel perjured-testimony plea-negotiations police-misconduct pro-se-brief
Key Terms:
Privacy
Latest Conference: 2021-09-27
Question Presented (AI Summary)

Question not identified

Question Presented (OCR Extract)

Questions Presented 1) Was error Committed by the Appellate Division when it neglected to consider . ; Appellant’s ProSe Supplemental Brief, or to file said brief considering the Circumstances .(Covid 19, Ineffective Appellate Counsel) 2). Should Remand be ordered in relation to failed plea bargain negotiations R. 3:9-3 , R. 3:91 " 3). Was defense counsels failure to present any strategic or tactical defense theory below the standard of proficient representation . 4). Did the States use of perjured testimony, and edited Surveillance footage, deprive defendant of a fair Trial when that surveillance footage disappeared for two and one half years before state introduced or acknowledged its existence 5). Should information supplied by the Police be both factual and legally sufficient , as opposed to the misleading and absent of pertinent facts. 6). Should text messages that are only partial bits and pieces of a conversation and overwhelmingly prejudicial and affirmatively misleading be allowed into evidence if they also violate the doctrine of completeness. : 7). Has the trial court abused and overstepped its authority when it allowed Illegally obtained evidence via Police Misconduct and violation of Constitutional right, previously suppressed by the Appellate Division into evidence, now calling it “Inevitable Discovery” ; 8). Should the Grand Jury Indictment stand when defendant’s Constitutional right not to be a witness against himself ina Criminal prosecution has been violated 9). Once an individual states “I DO NOT WANT TO GET INVOLVED” has all consent therefore been immediately, effectively withdrawn regarding a warrantless consent search. 10). Has the trial court deprived defendant of presenting “HIS DEFENSE” when it refused to allow sworn affidavits of events to Jurors at trial unless stipulation of testimony is agreed to by defendant. ; 11). Should conviction stand with the state’s use of perjured testimony and tampered evidence. 12). With the state not meeting its burden of proving the requirement of Premeditation, for knowingly and purposeful murder pursuant to 2C:2-2[3b] beyond a reasonable doubt, 9 how has the Appellate Division allowed that conviction to remain when it is clear the Jurors failed in performing their duties. 13). Why are their two standards / levels of “proof? for beyond a reasonable doubt, when it comes to a Black man ‘facing a Murder charge in the State of New Jersey especially where the case is mainly circumstantial. 14). Although text messages show some dissatisfaction of the situation between AbdulAziz and Jackson , it clearly does not establish any predisposition for the commission of a crime. Yet, the Jurors were not instructed as to how the text messages were to be used. And wrongly allowed to assume premeditation . Therefore, should the text messages have ; been allowed at trial without specific direction by the court, being they only served to : prejudice the defendant unfairly. 15). Has the Appellate court erred in waiving or deferring its review authority by merely conceding with the trial Judge Personal conclusions contrary of law regarding sentence, Past criminal history, Aggravating, Mitigating , and the totality of the circumstances 10

Docket Entries

2021-10-04
Petition DENIED.
2021-09-01
Waiver of right of respondent State of New Jersey to respond filed.
2021-07-22
DISTRIBUTED for Conference of 9/27/2021.
2021-05-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 8, 2021)

Attorneys

Abdul S. Aziz
Abdul S. Aziz — Petitioner
Abdul S. Aziz — Petitioner
State of New Jersey
Michele C. BuckleyUnion County Prosecutor's Office, Respondent
Michele C. BuckleyUnion County Prosecutor's Office, Respondent