State of New Jersey v. Jaykareem M. Tyler
CourtNew Jersey Superior Court Appellate Division
Date FiledOctober 26, 2026
DocketA-2778-24
StatusUnpublished
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Full Opinion
NOT FOR PUBLICATION WITHOUT THE
APPROVAL OF THE APPELLATE DIVISION
This opinion shall not "constitute precedent or be binding upon any court ." Although it is posted on the
internet, this opinion is binding only on the parties in the case and its use in other cases is limited . R. 1:36-3.
SUPERIOR COURT OF NEW JERSEY
APPELLATE DIVISION
DOCKET NO. A-2778-24
STATE OF NEW JERSEY,
Plaintiff-Respondent,
v.
JAYKAREEM M. TYLER,
a/k/a JAY M. TYLER,
Defendant-Appellant.
________________________
Submitted October 15, 2026 – Decided October 26, 2026
Before Judges Marczyk and Jacobs.
On appeal from the Superior Court of New Jersey, Law
Division, Salem County, Indictment No. 14-07-0408.
Jennifer N. Sellitti, Public Defender, attorney for
appellant (Monique Moyse, Designated Counsel, on the
brief).
Kristin J. Telsey, Salem County Prosecutor, attorney
for respondent (Matthew M. Bingham, Assistant
Prosecutor, on the brief).
PER CURIAM
Defendant Jaykareem M. Tyler appeals from the court's April 14, 2025
order denying his petition for post-conviction relief (PCR) without an
evidentiary hearing. The primary issues on appeal are whether defendant
demonstrated excusable neglect sufficient to relax the time bar restriction under
Rule 3:22-12 and if so, whether defendant's plea counsel provided ineffective
assistance by failing to inform him of the penal consequences of his plea. We
affirm.
I.
Defendant was charged with first-degree aggravated manslaughter,
N.J.S.A. 2C:11-4(a)(1), for shooting and killing Jerry Seals on December 23,
2013. Defendant waived indictment, and in July 2014 pled guilty to an
accusation for the manslaughter charge. 1
At the plea hearing, defendant testified counsel had reviewed the plea
forms and the No Early Release Act (NERA) 2 forms with him. Notably, during
the colloquy, defendant was asked by his attorney:
And, you understand that the [p]lea that is being
negotiated is a [p]lea to a . . . [s]entence of 22 years,
1
Defendant also pled guilty to second-degree possession of a weapon by a
convicted felon that was charged in a separate indictment. He does not appeal
from that conviction.
2
N.J.S.A. 2C:43-7.2.
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where you'll have to serv[e] 85 percent of that 22 years
for the aggravated manslaughter. Is that your
understanding of the [p]lea and negotiated [s]entences?
Defendant responded affirmatively. The court further questioned defendant's
understanding of NERA by asking him, "[Y]ou understand that the NERA, or
85 percent, means that you will have to serve 18 years, 8 months, and 15 days,
before you're eligible for parole?" Defendant stated he understood.
Accordingly, defendant proceeded with the plea, and the court found it was
entered knowingly and voluntarily, with defendant's full understanding of its
ramifications.
There are two plea forms in the record. On one form, in response to
question 7b.—which asks whether defendant pled guilty to a charge carrying a
mandatory period of parole ineligibility—the notation incorrectly states, "85%
of 18 yrs under NERA." On the same form, under question 13—specifying the
sentence recommended by the prosecutor—it reflects "18" was crossed out and
appropriately replaced with "22." The other form properly indicates defendant
is subject to a twenty-two-year sentence under both questions 7b. and 13 and
further states he would serve eighty-five percent of that term.
At the September 2014 sentencing, plea counsel indicated he reviewed the
Pre-Sentence Report with defendant, which stated defendant would be sentenced
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to twenty-two years. Counsel noted he had no proposed changes to the
presentence report. At no point in the proceeding or in his comments to the
court did defendant suggest he was supposed to have been sentenced to eighteen
years as opposed to twenty-two years.
The court subsequently sentenced defendant to twenty-two years of
imprisonment in accordance with the plea agreement and noted he must serve
eighty-five percent of the term before becoming eligible for parole under NERA.
It further specified eighty-five percent of twenty-two years is eighteen years,
eight months, and fifteen days. The court acknowledged defendant signed the
appeal rights form and advised him he must submit an appeal within forty-five
days of the date of sentencing, unless he obtained a thirty-day extension for good
cause. Additionally, the court informed defendant of his right to file a PCR
petition and advised any such petition must be filed within five years of the
judgment or sentence that was challenged.
Defendant appealed his sentence in April 2015, arguing the trial court did
not consider all the mitigating factors or his ability to pay restitution. We
affirmed. State v. Tyler, No. A-1827-14 (Apr. 24, 2025). In October 2020,
defendant moved to vacate his fines and penalties. He attached a certification
stating he had been sentenced to twenty-two years' imprisonment. Defendant
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did not contend in either application that he was supposed to receive an eighteen-
year sentence but rather acknowledged he was sentenced to twenty-two years.
In November 2023, defendant filed a PCR petition in which he argued for
the first time he was supposed to receive an eighteen-year sentence.3 The court
heard oral argument, during which defendant requested an evidentiary hearing
to determine why eighteen years was written on one of the copies of the plea
form. In its written opinion on April 14, 2025, the court denied defendant PCR
without an evidentiary hearing, finding defendant failed to establish a prima
facie case of ineffective assistance of counsel. The court further found the
application was untimely. This appeal ensued.
II.
Defendant argues the following point on appeal:
[DEFENDANT] IS ENTITLED TO AN
EVIDENTIARY HEARING ON HIS CLAIM THAT
TRIAL COUNSEL RENDERED INEFFECTIVE
ASSISTANCE PRETRIAL BY FAILING TO
INFORM HIM OF THE PENAL CONSEQUENCES
OF HIS PLEA.
In the absence of an evidentiary hearing, we review de novo "both the
factual inferences drawn from the record" by the PCR court and the court's legal
3
Defendant submitted a pro se motion to correct an illegal sentence, which was
deemed a PCR petition.
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conclusions. State v. Balbosa, 481 N.J. Super. 497, 519 (App. Div. 2025), certif.
denied, 262 N.J. 410 (2026). We review a PCR judge's decision to deny a
defendant's request for an evidentiary hearing under an abuse-of-discretion
standard. State v. Vanness, 474 N.J. Super. 609, 623 (App. Div. 2023).
We review de novo the trial court's legal conclusion that defendant's PCR
petition is procedurally barred. State v. Harris, 181 N.J. 391, 419 (2004); see
also Manalapan Realty, L.P. v. Twp. Comm. of Manalapan, 140 N.J. 366, 378
(1995) ("[a] trial court's interpretations of the law and the legal consequences
that flow from established facts are not entitled to any special deference"). If a
PCR petition is timely filed, procedurally sound, and denied without an
evidentiary hearing, we review the order de novo. Harris, 181 N.J. at 421.
We first address whether defendant established excusable neglect
sufficient to relax the time bar under Rule 3:22-12. Defendant acknowledges
his petition was untimely filed, but contends the delay resulted from excusable
neglect, and enforcing the time bar would result in a fundamental injustice. He
asserts he suffers from mental health issues that affected his ability to understand
the consequences of the plea agreement. Defendant contends he raised a
colorable constitutional claim of ineffective assistance of counsel, which should
not be "short-circuited" by the application of the time bar.
A-2778-24
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"[PCR] is neither a substitute for direct appeal . . . nor an opportunity to
relitigate cases already decided on the merits." State v. Preciose, 129 N.J. 451,
459 (1992). "Consequently, petitioners may be procedurally barred from [PCR]
under Rule 3:22-4 if they could have, but did not, raise the claim in a prior
proceeding." Ibid.
Rule 3:22-4(a)(l) provides:
Any ground for relief not raised in the proceedings
resulting in the conviction, or in a post-conviction
proceeding brought and decided prior to the adoption
of this rule, or in any appeal taken in any such
proceedings is barred from assertion in a proceeding
under this rule unless the court on motion or at the
hearing finds . . . that the ground for relief not
previously asserted could not reasonably have been
raised in any prior proceeding.
As the rule indicates, this procedural bar may be relaxed if the ground for
relief not previously asserted "could not reasonably have been raised in any prior
proceeding." The test under this exception is objective; it must be shown a
reasonable attorney, aware of the pertinent facts and law, could not reasonably
have raised the ineffective assistance claim in a prior proceeding. See State v.
Mitchell, 126 N.J. 565, 584-85 (1992). The rule expressly provides in this
regard that a defendant must show the factual predicate for a newly minted claim
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could not have been discovered earlier through the exercise of reasonable
diligence. See R. 3:22-4(a).
The time in which a PCR petition must be filed is governed by Rule 3:22-
12, which states, in relevant part:
[N]o petition shall be filed pursuant to this rule more
than [five] years after the date of entry pursuant to Rule
3:21-5 of the judgment of conviction that is being
challenged unless:
(A) it alleges facts showing that the delay beyond said
time was due to defendant's excusable neglect and that
there is a reasonable probability that if the defendant's
factual assertions were found to be true enforcement of
the time bar would result in a fundamental injustice[.]
[State v. Walker, 478 N.J. Super. 553, 560 (App. Div.
2024) (citing R. 3:22-12(a)(1)(A)).]
Excusable neglect requires a showing of "compelling, extenuating
circumstances," State v. Milne, 178 N.J. 486, 492 (2004) (quoting State v.
Afanador, 151 N.J. 41, 52 (1997)), or alternatively, "exceptional
circumstances." State v. Murray, 162 N.J. 240, 246 (2000) (citing Mitchell, 126
N.J. at 580).
"Absent compelling, extenuating circumstances, the burden to justify
filing a [PCR] petition after the five-year period will increase with the extent of
the delay" because "[a]s time passes, justice becomes more elusive and the
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necessity for preserving finality and certainty of judgments increases."
Afanador, 151 N.J. at 52. Because these court rules exist to uphold the integrity
of the PCR process, continually relaxing them defeats their purpose. See State
v. McIlhenny, 357 N.J. Super. 380, 386-87 (App. Div. 2003) (recognizing that
"[t]o consider legal arguments available to a defendant on direct appeal years
after conviction and sentence does not serve justice" and instead "mocks the
reasonable time limits of the Rules of Criminal Practice and insults the laudatory
purpose of [PCR]").
Here, defendant's claims are both procedurally barred and untimely.
Although defendant was aware the eighteen-year term was crossed out and
replaced with twenty-two years on the plea form, he did not argue on direct
appeal his sentence was incorrect. PCR is not a substitute for a direct appeal,
and defendant therefore may not use this petition to raise an argument that was
available on direct appeal from his sentence. Preciose, 129 N.J. at 459.
Instead, defendant attempts to shoehorn his claim into the standard for
relaxing the time bar for PCR petitions by relying solely on the assertion his
mental health issues prevented him from understanding his sentence. Defendant
was sentenced in 2014, and Rule 3:22-12 required him to file his first PCR
petition within five years of entry of the judgment of conviction. He did not file
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this petition until nearly nine years after sentencing. Despite successfully
submitting his pro se motion and brief in 2020, which references his twenty -
two-year sentence, he offers no evidence—other than his own self-serving
statement—to support his claim his mental health issues impaired his ability to
file a petition sooner. We conclude this unsupported bald assertion is
insufficient to establish excusable neglect under Rule 3:22-12 and does not
warrant relaxation of the time bar.
For the sake of completeness, we further consider defendant's substantive
argument regarding ineffective assistance of counsel. Defendant contends his
plea counsel failed to adequately advise him of the penal consequences of his
plea. He maintains he established a prima facie case of ineffective assistance of
counsel, and an evidentiary hearing is necessary to address the discrepancies in
the plea forms. He asserts he believed he was to receive an eighteen-year
sentence subject to NERA. According to defendant, he suffered from "several
mental health issues" that impaired his ability to understand the consequences
of the plea agreement. Defendant claims the inconsistency establishes a prima
facie case of ineffective assistance of counsel and further contends an
evidentiary hearing is necessary.
A-2778-24
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To succeed on a claim of ineffective assistance of counsel, a defendant
must meet the two-part test established by Strickland and adopted by our
Supreme Court in Fritz. Strickland v. Washington, 466 U.S. 668, 686 (1984);
State v. Fritz, 105 N.J. 42, 58 (1987). Under Strickland, a defendant first must
show that his or her attorney made errors "so serious that counsel was not
functioning as the 'counsel' guaranteed the defendant by the Sixth Amendment."
466 U.S. at 687. Counsel's performance is deficient if it "[falls] below an
objective standard of reasonableness." Id. at 688. A defendant also must show
that counsel's "deficient performance prejudiced the defense[,]" id. at 687,
because "there is a reasonable probability that, but for counsel's unprofessional
errors, the result of the proceeding would have been different." Id. at 694.
The right to the effective assistance of counsel extends to legal assistance
related to the entry of a guilty plea. State v. Gaitan, 209 N.J. 339, 350-51 (2012).
To establish the prejudice prong in the context of a guilty plea, a defendant must
show "that there is a reasonable probability that, but for counsel's errors, [the
defendant] would not have pled guilty and would have insisted on going to trial."
State v. DiFrisco, 137 N.J. 434, 457 (1994) (alteration in original) (quoting Hill
v. Lockhart, 474 U.S. 52, 59 (1985)). To that end, "a [defendant] must convince
the court that a decision to reject the plea bargain" and "insist on going to trial"
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would have been "rational under the circumstances." State v. Maldon, 422 N.J.
Super. 475, 486 (App. Div. 2011) (quoting Padilla v. Kentucky, 559 U.S. 356,
372 (2010)).
Short of establishing entitlement to a new trial or to vacate a guilty plea,
a PCR petitioner may demonstrate that an evidentiary hearing is warranted to
develop the factual record in connection with an ineffective assistance claim.
Preciose, 129 N.J. at 462-63. As a general matter, a defendant's claim of
ineffective assistance of counsel "is more likely to require an evidentiary hearing
because the facts often lie outside the trial record and because the attorney's
testimony may be required." Id. at 462. However, a PCR petitioner is not
automatically entitled to an evidentiary hearing. State v. Cummings, 321 N.J.
Super. 154, 170 (App. Div. 1999). Rule 3:22-10(b) provides in pertinent part:
[a] defendant shall be entitled to an evidentiary hearing
only upon the establishment of a prima facie case in
support of [PCR], a determination by the court that
there are material issues of disputed fact that cannot be
resolved by reference to the existing record, and a
determination that an evidentiary hearing is necessary
to resolve the claims for relief.
Defendant did not sufficiently demonstrate his attorney's performance was
deficient nor that the purported deficiency prejudiced him. Although defendant
identifies an inconsistency on the plea form regarding the number of years of
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imprisonment, that inconsistency alone does not sufficiently demonstrate
defendant believed he would be sentenced to an eighteen-year term of
imprisonment. Rather, the record unequivocally indicates defendant understood
he would receive a twenty-two-year term of imprisonment, subject to NERA.
At the plea hearing, defendant responded affirmatively to the court's
inquiries and appeared to understand the terms of the plea agreement.
Importantly, when the court asked defendant whether he understood the
negotiated plea would run concurrently with a twenty-two-year sentence for
aggravated manslaughter, subject to NERA, defendant responded affirmatively.
Furthermore, the court clearly explained a twenty-two-year term of
imprisonment subject to NERA meant defendant would be ineligible for parole
until he had served eighteen years, eight months, and fifteen days. In response,
defendant stated he understood the terms of the plea, acknowledged counsel had
reviewed the plea forms with him, and all parties proceeded with the
understanding defendant was pleading to a twenty-two-year term of
imprisonment subject to NERA. These facts do not suggest defendant failed to
understand he was pleading to a twenty-two-year term of imprisonment, nor do
they indicate counsel's performance was deficient.
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Additionally, at sentencing, all parties proceeded with the understanding
defendant would be sentenced to twenty-two years in accordance with the plea
agreement. Plea counsel stated he reviewed the presentence report with
defendant and certified there were no additions, deletions, or corrections to the
report. After the court imposed defendant's sentence and advised him of his
rights to appeal, defendant stated he had no questions concerning those rights,
and he neither expressed confusion nor questioned the sentence imposed.
Defendant's bald assertions he suffers from mental health issues, which
allegedly prevented him from understanding the consequences of the plea
agreement, does not support a prima facie showing required under Rule 3:22-
10(b). Apart from his self-serving assertion, defendant offers no supporting
expert submissions to substantiate his claim he did not know he was pleading to
a twenty-two-year sentence of imprisonment. The record, instead, suggests
defendant understood the plea agreement. Because there are no material factual
disputes, no evidentiary hearing was warranted.
In sum, defendant was duly apprised of the direct, penal consequences of
the negotiated plea he entered, including the NERA parole supervision term. He
was specifically advised on the record—under oath during the plea colloquy—
of the precise prison term and the applicable NERA parole ineligibility period.
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The inconsistency or scrivener's error in the written plea forms does not
constitute a basis for PCR as defendant acknowledged he understood the actual
sentence imposed.
Affirmed .
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