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199 N.J. 125

970 A.2d 1043

State v. Phillips

Supreme Court of New Jersey

Decided April 9, 2009

Supreme Court of New Jersey · decided 2009-04-09

Decided 2009-04-09

¶1 To: Appellate Division, Superior Court

¶2 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;

¶3 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:

¶4 1. The trial court shall direct defendant’s trial counsel to submit an affidavit or certification addressing the issue of ineffective assistance;

¶5 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

¶6 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.

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