A state Appellate Court panel today rejected a former Newark man’s claim that he received ineffective assistance from his attorney in connection with the killing of another man in Newark after striking him in the head with a pipe.
Russell Mitchell, 38, argued that he pleaded guilty to aggravated manslaughter and a weapons offense in connection with the death of Jerome Cummings without being explained by his attorney the consequences of his guilty plea. Mitchell also claimed that his attorney made inadequate arguments at his sentencing.
However, appellate panel today rejected Mitchell's arguments.
Mitchell who was originally charged with murder and weapons offenses later pleaded guilty to aggravated manslaughter and possession of a weapon for an unlawful purpose.
Under the plea agreement, a 10-year prison sentence was suggested with the requirement of serving eight and a half years before becoming eligible for parole.
After the defendant attacked a defenseless man with a pipe that ultimately killed him for no apparent reason, yet attorney managed to reach a plea agreement for her client, clearly demonstrate that her representation of defendant was anything short of extraordinary.
Mitchell will be eligible for parole in January 2019.