State v. Cabrera

Supreme Court of New Jersey

State v. Cabrera

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

DecidedFebruary 23, 2000

StatusPublished

This text of 747 A.2d 281 (State v. Cabrera) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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

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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.

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Bluebook (online)

747 A.2d 281, 163 N.J. 71, 2000 N.J. LEXIS 322, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-cabrera-nj-2000.