State of New Jersey v. Quincy Oliver
CourtNew Jersey Superior Court Appellate Division
Date FiledNovember 6, 2026
DocketA-1037-24
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NOT FOR PUBLICATION WITHOUT THE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-1037-24
STATE OF NEW JERSEY,
Plaintiff-Respondent,
v.
QUINCY OLIVER, a/k/a
Q.H. OLIVER and QUNICY
OLIVER,
Defendant-Appellant.
___________________________
Submitted October 7, 2026 – Decided November 6, 2026
Before Judges Vinci and Zazzali-Hogan.
On appeal from the Superior Court of New Jersey, Law
Division, Union County, Indictment No. 16-02-0111.
Jennifer N. Sellitti, Public Defender, attorney for
appellant (Frank M. Gennaro, Designated Counsel, on
the briefs).
James O. Tansey, First Assistant Prosecutor of Union
County, Designated Prosecutor for purpose of this
appeal, attorney for respondent (Michele C. Buckley,
Assistant Prosecutor, of counsel and on the brief).
PER CURIAM
Defendant Quincy Oliver appeals from a September 26, 2024 order
denying his petition for post-conviction relief (PCR) following an evidentiary
hearing. We affirm substantially for the reasons set forth in Judge Regina
Caulfield's comprehensive and well-reasoned written decision.
I.
On June 8, 2015, at approximately 10:00 p.m., Nigel Morton was shot and
killed in his home in Rahway. The State alleged defendant and three other
individuals, including his co-defendants, Tyrell Dekle and James Sears, were
responsible for Morton's murder.
On October 19, 2016, a Union County grand jury returned an indictment
charging defendant, Dekle, and Sears with first-degree murder, N.J.S.A.
2C:11-3(a)(1) and (2); first-degree conspiracy to commit murder, N.J.S.A.
2C:5-2 and N.J.S.A. 2C:11-3; second-degree unlawful possession of a handgun,
N.J.S.A. 2C:39-5(b); and second-degree possession of a handgun for an
unlawful purpose, N.J.S.A. 2C:39-4(a). Beginning in April 2017, defendant was
represented by retained counsel, Brooke Barnett, Esq. After several
adjournments, trial was scheduled to begin on May 29, 2018.
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On May 8, 2018, Barnett moved to be relieved as counsel. She asserted
she had been on trial in another matter from late February until April 18, 2018,
and had been unable to adequately prepare for defendant's trial and had "not had
the time to even review his file nor prepare any pretrial motions [or] responses."
Barnett also asserted defendant "expressed to [her] that he [did] not wish for
[her] to represent him."
On May 14, the trial judge heard oral argument on Barnett's motion.
Barnett represented that there was a "breakdown in communication" between
her and defendant and she would not be effective counsel if she was not relieved.
She also advised the judge she was "going to seek outside medical help to assist
[her] because . . . [she] just mentally and physically [could not] handle it."
Defendant advised the judge he was not confident in Barnett's abilities and
wanted to "leave" Barnett "because [they were] not communicating and [were]
not seeing eye to eye." He told the judge he was "planning on having a pool
attorney." Defendant's co-defendants moved to sever their charges from
defendant's charges so they could proceed to trial. They asserted their right to
a speedy trial would otherwise be violated because they had been in custody
since October 2015.
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On May 15, 2018, the judge entered orders granting Barnett's motion and
co-defendants' motion for severance. He concluded Barnett's motion had to be
granted to assure defendant was provided with effective assistance of counsel.
He granted co-defendants' motion for severance finding the "preference for joint
trials, and the court's interest in judicial economy, cannot override a defendant 's
right to a fair and speedy trial."
The trial of Dekle and Sears began on May 29, 2018, and concluded on
July 18, 2018. It is undisputed that counsel for Dekle and Sears attempted to
blame defendant for the murder in that trial. Both co-defendants were found not
guilty of murder. Dekle was found not guilty on the weapons offenses. The
jury was not able to reach a verdict as to either of them on the charge of
conspiracy to commit murder or as to the weapons charges against Sears.
After Barnett was relieved as counsel, Michael Rubas, Esq. was appointed
to represent defendant. On October 9, 2018, the State moved to rejoin the
charges against all defendants for trial. Counsel for Dekle and Sears did not
oppose the State's motion. On November 12, Rubas filed a letter stating
defendant also did not object to rejoinder. The State's motion was granted, and
trial was scheduled to begin on May 29, 2019.
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Shortly before trial was scheduled to begin, the State obtained a series of
letters defendant sent from the Union County Jail to his girlfriend, Iyona
Henderson. Henderson testified at the first trial that defendant sent her a Twitter
message on June 8, 2015, stating he was "[a]bout to go handle" Morton and
"[p]op his hoe ass." Henderson also previously gave recorded statements to law
enforcement implicating defendant in Morton's murder.
In defendant's letters, which were sent in or around April 2019, he
encouraged Henderson to refuse to testify at the upcoming trial or "take a
vacation."1 If she did appear for trial, defendant asked her to say she lied in her
prior statements "because [she] was under 'stress' and [she] was under the
influence of molly or some sh** like that." Defendant provided scripted
"examples" of answers she could give, including that the detectives "threatened
[her] and told [her] if [she] did[ not] impl[i]cate [defendant] they would lock
[her] up," and she "was scared."
Jury selection began on May 28, 2019. On June 6, 2019, defendant
pleaded guilty to first-degree aggravated manslaughter, N.J.S.A. 2C:11-4(a)(1),
in exchange for the State's agreement to recommend a sentence of twenty-one
1
The letters are not included in the appellate record. Our understanding of
the content of the letters is based on Judge Caulfield's written decision.
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years in prison subject to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2.
The State also agreed to dismiss all other charges, including a violation of
probation, and not charge defendant with witness tampering or obstruction based
on his letters to Henderson. Dekle and Sears also pleaded guilty to lesser
offenses.
Defendant provided a factual basis for his plea in which he admitted that,
on June 8, 2015, he was driving his car in Rahway with three other occupants.
Defendant acknowledged having an incident with Morton earlier in the day and
that he previously had issues with Morton because he was dating the mother of
defendant's child. Defendant admitted he knew someone in the car was armed
with a handgun, and that person left the car with the handgun and had an
interaction with Morton resulting in him being shot.
Defendant acknowledged he sent a Twitter message earlier that day about
"popping" Morton. Defendant agreed he permitted his car to be used to drive
the person who shot Morton to Morton's house and aided that person in the
commission of the crime. Defendant also admitted he took possession of the
handgun after Morton was shot and hid the gun in a sewer drain in Union
County. Defendant acknowledged he wrote letters to one of the witnesses about
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her testimony in his upcoming trial telling her not to cooperate and scripting out
some of her testimony, which constituted witness tampering.
On September 5, 2019, defendant was sentenced to twenty-one years in
prison subject to NERA in accordance with the plea agreement. We affirmed
defendant's sentence on our sentencing oral argument calendar. State v. Oliver,
No. A-002011-19 (App. Div. Oct. 28, 2020). Our Supreme Court denied
defendant's petition for certification. State v. Oliver, 246 N.J. 236 (2021).
Defendant filed a timely petition for PCR. He argued Barnett "was
ineffective for moving to withdraw from the case on the eve of trial" leaving
him with "no attorney to object to the trial [judge's] concurrent decision to grant
severance." Defendant contended he was prejudiced because he "had a viable
argument against severance that was never advanced" and "his co-defendants
both were acquitted of the murder charges." He argued Rubas "was ineffective
for not objecting to re-joinder so that defendant could have presented a third-
party guilt defense." 2
On October 7, 2022, Judge Caulfield heard oral argument and granted
defendant's request for an evidentiary hearing. On February 15, 2024, the judge
2
Defendant also argued appellate counsel was ineffective. That argument was
expressly waived on appeal.
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conducted an evidentiary hearing at which Rubas testified. According to Rubas,
he did not object to the State's motion for rejoinder because "he did not think
there was a legal basis to do so." In addition, he and counsel for the co-
defendants had spent a significant amount of time planning a third-party guilt
defense involving an individual from Newark, which he believed was a viable
defense at trial. He believed it would be stronger to have three attorneys arguing
the same thing than if defendant went to trial by himself. Rubas testified that
although the co-defendants were found not guilty of murder, they were still
facing conspiracy charges, and a joint third-party guilt defense made sense.
Rubas explained the letters defendant sent Henderson "were devastating"
and "changed everything." Rubas was "extremely" concerned about them and
they "changed the entire tenor of the proceedings." He believed it would be
"hard to argue a third-party guilt defense" with the defendant "basically telling
the main witness . . . to not show up or change her testimony." The letters
showed "consciousness of guilt" and "juries understand things like that."
The letters also "blew . . . up" the joint defense and the "unified trial
strategy . . . did[ not] look like it was going to take shape because [the
co-defendants] were going to distance themselves from that." In addition, he
was "concerned about witness tampering, hindering, or obstruction-type
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charges" that would run consecutively to any other convictions. Rubas believed
defendant was in "very great liability, in jeopardy, if he went to trial."
On September 26, 2024, Judge Caulfield entered an order denying
defendant's petition for PCR, supported by a one-hundred-page written decision.
She found defendant failed to show he was prejudiced by Barnett's withdrawal
from the case before trial. In fact, it was Rubas "not Barnett, who secured a
much better deal for defendant than the one previously offered[,] even after the
evidence against [him] became stronger through the numerous letters [he]
sent . . . Henderson."
The judge found Rubas was "a credible witness." She found defendant's
ineffective assistance claim against Rubas failed both prongs of the two-prong
test set forth in Strickland v. Washington, 466 U.S. 668, 687 (1984). As to prong
one, the judge found Rubas testified credibly that he "did not oppose the State's
motion [for rejoinder] . . . as he had no basis for doing so" and developed a
strategy with counsel for the co-defendants to advance a unified third-party guilt
defense. The judge also recognized that the failure to file a frivolous motion
cannot form the basis of an ineffective assistance claim, and Rubas had no
meritorious basis to oppose joinder.
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As to prong two, the judge found defendant failed to show he was
prejudiced by the alleged failure to oppose joinder or the plea agreement. Based
on her "reading of the transcripts and assessment of the evidence, defendant had
a slim chance [of] acquittal with all three defendants presenting a common third-
party defense" but "had little chance of success if tried alone where the
jury . . . focused on only him." The judge concluded "[i]f defendant had gone
to trial, with or without his co-defendants, the strength of the evidence would
most certainly have led to his conviction for . . . murder . . . as an accomplice."
The judge outlined the substantial evidence the State amassed against
defendant and determined his "letters to Henderson turned a strong case against
[him] for arranging the shooting of Morton into an overwhelming one." She
found "it would not have been reasonable for defendant to have turned down the
State's offer given the fact that he would have likely . . . been convicted" based
on accomplice or conspiracy liability theories, and "would have received a
consecutive sentence for witness tampering."
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II.
On appeal, defendant raises the following arguments for our
consideration:
POINT I
DEFENDANT ESTABLISHED BY A PREPONDERANCE
OF THE EVIDENCE THAT [BARNETT] AND [RUBAS]
PROVIDED HIM INEFFECTIVE ASSISTANCE.
[A]. [Barnett] provided defendant with ineffective
assistance, as her failure to prepare for the 2018 trial
made necessary the severance and the eventual
rejoinder which unduly prejudiced defendant.
[B]. [Rubas] provided defendant with ineffective
assistance of counsel.
Specifically, he argues Barnett "neglected even to review the discovery
materials . . . for more than a year, interviewed no witnesses, neglected even to
review witness statements, and ignored a confirmed trial date." He contends
"[h]ad . . . Barnett been prepared to try [the] case, the uncertainty of the
evidence that led to the murder acquittals of Sears and Dekle might well have
extended to [him], thus eliminating the possibility of an eventual sentence for
homicide" and may have resulted in a lesser sentence.
Defendant contends Rubas "provided ineffective assistance of counsel by
failing to oppose [his] rejoinder for a joint trial" and his "decision to pursue a
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joint third[-]party guilt defense along with Sears and Dekle, who previously had
cast blame on [him] . . . was unreasonable, and the eventual guilty plea was
coerced."
III.
Our review of a PCR claim after a court has held an evidentiary hearing
"is necessarily deferential to [the] PCR court's factual findings based on its
review of live witness testimony." State v. Nash, 212 N.J. 518, 540 (2013).
Where an evidentiary hearing has been held, we should not disturb "the PCR
court's findings that are supported by sufficient credible evidence in the record."
State v. Pierre, 223 N.J. 560, 576 (2015) (quoting Nash, 212 N.J. at 540). We
review any legal conclusions of the trial court de novo. Id. at 576-77; State v.
Harris, 181 N.J. 391, 419 (2004).
To establish a claim of ineffective assistance of counsel, a defendant must
satisfy the two-prong Strickland test showing: (1) "counsel made errors so
serious that counsel was not functioning as the 'counsel' guaranteed the
defendant by the Sixth Amendment"; and (2) "the deficient performance
prejudiced the defense." Strickland, 466 U.S. at 687; State v. Fritz, 105 N.J. 42,
58 (1987) (adopting the Strickland two-prong test). Failure to meet either prong
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of the Strickland/Fritz test results in the denial of a petition for PCR. State v.
Parker, 212 N.J. 269, 280 (2012).
Under the first prong, counsel's representation must be objectively
unreasonable. Pierre, 223 N.J. at 578. "The test is not whether defense counsel
could have done better, but whether [they] met the constitutional threshold for
effectiveness." Nash, 212 N.J. at 543. In demonstrating that counsel's
performance was deficient, a defendant must overcome "'a strong presumption
that counsel's conduct falls within the wide range of reasonable professional
assistance.'" Fritz, 105 N.J. at 52 (quoting Strickland, 466 U.S. at 689).
Informed strategic choices "are virtually unchallengeable." Strickland,
466 U.S. at 690. Even strategic choices made after limited investigation are
afforded great deference and are assessed for reasonableness. State v. Petrozelli,
351 N.J. Super. 14, 22 (App. Div. 2002). Trial strategy is clearly within the
discretion of competent trial counsel. State v. Coruzzi, 189 N.J. Super. 273, 321
(App. Div. 1983), certif. denied, 94 N.J. 531 (1983). A reviewing court must
grant substantial deference to the discretion of counsel in determining which
witnesses to call at trial. State v. Arthur, 184 N.J. 307, 321 (2005).
Under the "'second, and far more difficult, prong of the' Strickland
standard," State v. Gideon, 244 N.J. 538, 550 (2021) (quoting State v. Preciose,
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129 N.J. 451, 463 (1992)), a defendant "'must show that the deficient
performance prejudiced the defense.'" State v. O'Neil, 219 N.J. 598, 611 (2014)
(quoting Strickland, 466 U.S. at 687). To demonstrate "prejudice after having
entered a guilty plea, a defendant must prove 'that there is a reasonable
probability that, but for counsel's errors, [he or she] would not have pled guilty
and would have insisted on going to trial.'" State v. Gaitan, 209 N.J. 339, 351
(2012) (quoting State v. Nuñez-Valdéz, 200 N.J. 129, 139 (2009)). A defendant
must show that, "had he been properly advised, it would have been rational for
him to decline the plea offer and insist on going to trial and, in fact, that he
probably would have done so." State v. Maldon, 422 N.J. Super. 475, 486 (App.
Div. 2011).
Having considered defendant's arguments in light of the record and these
established principles, we discern no basis to disturb Judge Caulfield's well-
reasoned determination that defendant failed to satisfy the Strickland test with
regard to any of his contentions. The judge fully explained the basis for her
ruling in her written decision, which included her determination that Rubas was
credible and detailed findings of fact and conclusions of law.
The judge correctly determined defendant failed to satisfy the prejudice
prong of the Strickland test with respect to his allegations regarding Barnett.
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Defendant's claim that he may have been acquitted of murder in the first trial if
Barnett had not withdrawn was nothing more than speculation and ignored the
substantial evidence the State had that he conspired to murder Morton and was
an accomplice to his murder. The judge also properly concluded defendant's
allegations regarding Rubas failed to satisfy either prong of the Strickland test.
His strategic decision not to oppose rejoinder and to present a unified third-party
guilt defense was reasonable and is entitled to deference. Additionally,
defendant failed to show it would have been reasonable for him to reject the
State's plea offer and go to trial in light of the State's overwhelming evidence of
his guilt, including his letters to Henderson that were powerful evidence of
consciousness of guilt.
To the extent we have not addressed any remaining arguments, including
defendant's argument that he should be permitted to withdraw his guilty plea
based on ineffective assistance of counsel, it is because they lack sufficient merit
to warrant discussion in a written opinion. R. 2:11-3(e)(2).
Affirmed.
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