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STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. LANCE PHILLIPS, DEFENDANT-PETITIONER

Supreme Court of New Jersey2009-04-09
199 N.J. 125970 A.2d 1043

Authorities cited

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Opinion

majority opinion

To: Appellate Division, Superior Court

This matter having come before the Court on defendant’s pro se petition for certification to the Superior Court, Appellate Division, in A-31-07T4; IT IS ORDERED that certification is granted, and the matter is summarily remanded to the trial court for the following in connection with defendant’s petition for post-conviction relief: 1. The trial court shall direct defendant’s trial counsel to submit an affidavit or certification addressing the issue of ineffective assistance; 2. The trial court shall thereafter schedule an evidentiary hearing limited solely to defendant’s claim of ineffective assistance of counsel at his trial; and 3. The trial court shall appoint a Designated Counsel to represent defendant at the hearing and any ancillary proceedings that may be necessary to effectuate the Court’s remand.