Supreme Court of New Jersey, 2007

State v. Frazier

State v. Frazier
Supreme Court of New Jersey · Decided October 9, 2007
192 N.J. 593; 934 A.2d 635; 2007 N.J. LEXIS 1267

State v. Frazier

Opinion of the Court

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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