State v. Cabrera

Supreme Court of New Jersey

State v. Cabrera

747 A.2d 281, 163 N.J. 71, 2000 N.J. LEXIS 322

Supreme Court of New Jersey·Decided February 23, 2000·Published

Opinion

It appearing that the lower courts erred in relying on the procedural bars of R. 3:22-4 and -5 to dismiss the petition for post conviction relief, it is ORDERED that the motions for reconsideration (M-596) and for leave to file as within time (M-597), are granted, and it is further;

ORDERED that the petition for certification (C-948-96) seeking review of the Appellate Division judgment in A-3536-95 is granted, and the matter is summarily remanded to the Law Division for a plenary hearing on movant’s claims of ineffective assistance of counsel.

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It appearing that the lower courts erred in relying on the procedural bars of R. 3:22-4 and -5 to dismiss the petition for post conviction relief, it is ORDERED that the motions for reconsideration (M-596) and for leave to file as within time (M-597), are granted, and it is further;

ORDERED that the petition for certification (C-948-96) seeking review of the Appellate Division judgment in A-3536-95 is granted, and the matter is summarily remanded to the Law Division for a plenary hearing on movant’s claims of ineffective assistance of counsel.

State v. Cabrera, 747 A.2d 281, 163 N.J. 71, 2000 N.J. LEXIS 322 (N.J. 2000).

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