State v. Frazier
This text of 934 A.2d 635 (State v. Frazier) 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.
Opinion
IT IS ORDERED that the petition for certification is granted solely for the purpose of a summary remand to the post-conviction relief judge to determine factually the claim of defendant’s attorney that the trial judge uttered a remark in chambers evidencing bias; and it is further
ORDERED that the parties are to submit certifications from trial counsel that address defendant’s contentions; and it is further
ORDERED that if the certifications reflect a genuine issue of material fact, the post-conviction relief judge is to conduct an evidentiary hearing; and it is further
ORDERED that if the post-conviction relief judge determines that a biased remark in fact was uttered, the judge shall reconsider and decide the petition for post-conviction relief on the merits.
Jurisdiction is not retained.
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Cite This Page — Counsel Stack
934 A.2d 635, 192 N.J. 593, 2007 N.J. LEXIS 1267, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-frazier-nj-2007.