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Saturday, January 16, 2021

State v. Donnell Gideon (083178)(Camden County & Statewide) (A-31-19

 State v. Donnell Gideon (083178)(Camden County & Statewide) (A-31-19; 083178)

Pierre applied existing jurisprudence to a specific set of facts. At a PCR hearing, an alibi witness’s false or inaccurate testimony may bear upon the witness’s credibility and, while not dispositive, the claimed alibi witness’s credibility must be weighed against the strength of the evidence presented at trial and offered post-conviction. Here, considering the strength of the State’s case and the weakness of Gideon’s alibi -- including the extent to which his proposed witnesses would have contradicted his own account of the relevant events -- the PCR court’s finding that Gideon failed to demonstrate prejudice should not have been disturbed.