State of New Jersey v. Matthew D. Rolle

── State of New Jersey v. Matthew D. Rolle ── Court: New Jersey Superior Court Appellate Division Date: May 21, 2026 Category: General NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ."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-0121-24 STATE OF NEW JERSEY, Plaintiff-Respondent, v. MATTHEW D. ROLLE, a/k/a CHEEKS DASHAUN, Defendant-Appellant. ________________________ Submitted April 28, 2026 – Decided May 21, 2026 Before Judges Gooden Brown and DeAlmeida. On appeal from the Superior Court of New Jersey, Law Division, Salem County, Indictment No. 15-07-0387. Jennifer N. Sellitti, Public Defender, attorney for appellant (Brian Plunkett, Designated Counsel, on the brief). Kristin J. Telsey, Salem County Prosecutor, attorney for respondent (Matthew M. Bingham, Assistant Prosecutor, on the brief). PER CURIAM  After a remand, defendant Matthew Rolle appeals from the July 26, 2024 Law Division order denying his second petition for post-conviction relief (PCR) without an evidentiary hearing. We affirm. I. In 2016, a jury convicted defendant of two counts of third-degree aggravated assault, N.J.S.A. 2C:12-1(b)(2); third-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(d); fourth-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(d); and two counts of second-degree aggravated assault, N.J.S.A. 2C:12-1(b)(1). The charges arose from defendant's brutal and unprovoked assault of his former friend and the friend's mother, resulting in serious bodily injury to both victims. The indictment described the weapon defendant used as a "knife or machete type object." The court sentenced defendant to an aggregate term of twenty-six years in prison, subject to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. We affirmed defendant's convictions and sentence. State v. Rolle, No. A- 5239-15 (App. Div. Aug. 15, 2017). The Supreme Court denied certification. State v. Rolle, 232 N.J. 285 (2018). In his first PCR petition, defendant's principal claim was his trial counsel was ineffective for failing to object to jury charges which used the term "knife A-0121-24 2 or machete type object," rather than the generic term "deadly weapon" contained in the model jury charge. He further claimed his appellate counsel on direct appeal was ineffective for not arguing there were inconsistencies in the testimony of the State's witnesses. Finally, he alleged the trial court improperly corrected a discrepancy in the judgment of conviction without scheduling a hearing at which defendant would be allowed to appear. On January 22, 2020, the first PCR court denied the petition without an evidentiary hearing. The court found defendant's ineffective assistance claims relating to his trial counsel were procedurally barred under Rule 3:22-4(a). With respect to the remainder of the claims, the court concluded defendant failed to establish a prima facie case of ineffective assistance of trial or appellate counsel or an entitlement to an evidentiary hearing. We affirmed. State v. Rolle, No. A-3907-19 (App. Div. Jul. 19, 2021). The Supreme Court denied certification. State v. Rolle, 248 N.J. 553 (2021). Defendant thereafter filed a second PCR petition. He alleged his first PCR coun