ineffective assistance of counsel claim in New Jersey

2026To establish an ineffective-assistance-of-counsel claim, a defendant must meet the two-prong test established in Strickland v. Washington, 466 U.S. 668, 687 (1984), and adopted by the New Jersey Supreme court in State v. Fritz, 105 N.J. 42, 58 (1987).

2026In addressing an ineffective assistance of counsel claim raised in a petition for PCR, New Jersey courts follow the two-part test articulated in Strickland, 466 U.S. at 687 .

2026To establish an ineffective-assistance-of-counsel claim, a defendant must meet the two-prong test established in Strickland v. Washington, 466 U.S. 668, 687 (1984), and adopted by the New Jersey Supreme court in State v. Fritz, 105 N.J. 42, 58 (1987).

2026To establish an ineffective-assistance-of-counsel claim in a parental- rights-termination case, the aggrieved party must meet the two-prong test A-2073-24 24 established in Strickland v. Washington, 466 U.S. 668, 687 (1984), and adopted in State v. Fritz, 105 N.J. 42, 58 (1987).

2026Accordingly, A-3308-23 14 "when counsel provides false or affirmatively misleading advice about the deportation consequences of a guilty plea, and the defendant demonstrates that he would not have pled guilty if he had been provided with accurate information, an ineffective assistance of counsel claim has been established." Gaitan, 209 N.J. at 351.

2025"To succeed on an ineffective assistance of counsel claim based on a plea [agreement], a defendant must show 'that there is a reasonable probability that but for counsel's errors he or she would not have pled guilty and would have insisted on going to trial.'" State v. Gaitan, 209 N.J. 339, 351 (2012) (quoting State v. Nunez-Valdez, 200 N.J. 129, 139 (2009)).

2025"An ineffective assistance of counsel claim may occur when counsel fails to conduct an adequate pre-trial investigation." Porter, 216 N.J. at 352 .

2025An ineffective-assistance-of-counsel claim may be established "when counsel fails to conduct an adequate pre-trial investigation." State v. Porter, 216 N.J. 343, 352 (2013). "[C]ounsel has a duty to make reasonable investigations or to make a reasonable decision that makes particular investigations unnecessary.

2021"An ineffective assistance of counsel claim may occur when counsel fails to conduct an adequate pre-trial investigation." State v. Porter, 216 N.J. 343, 352 (2013). 13 A-4515-18 "A counsel's failure to do so will 'render the lawyer's performance deficient.'" Id. at 353 (quoting State v. Chew, 179 N.J. 186, 217 (2004)). "[W]hen a petitioner claims his trial attorney inadequately investigated his case, he must assert the facts that an investigation would have revealed, supported by affidavits or certifications based upon the personal knowledge of the affiant or the person making the certificatio

2018In order to prevail on an ineffective assistance of counsel claim, defendant must meet a two-prong test by establishing that: (l) counsel's performance was deficient and he or she made errors that were so egregious that counsel was not functioning effectively as guaranteed by the Sixth Amendment to the United States Constitution; and (2) the defect in performance prejudiced defendant's rights to a fair trial such that there exists "a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different." Strickland, 466 U.S. at 694 . 8 A-3

2025In the context of a guilty plea, the standard to establish an ineffective assistance of counsel claim is modified: To set aside a guilty plea based on ineffective assistance of counsel "a defendant must show that (i) counsel's assistance was 'not within the range of competence demanded of attorneys in criminal cases'; and (ii) 'that there is a reasonable probability that, but for counsel's errors [defendant] would not have pled guilty and would have insisted on going to trial.'" Nuñez-Valdez, 200 N.J. at 139 (quoting State v. DiFrisco, 137 N.J. 434, 457 (1994)).

2025"To succeed on an ineffective assistance of counsel claim based on a plea [agreement], a defendant must show 'that there is a reasonable probability that but for counsel's errors he or she would not have pled guilty and would have insisted on going to trial.'" State v. Gaitan, 209 N.J. 339, 351 (2012) (quoting State v. Nunez-Valdez, 200 N.J. 129, 139 (2009)).

2025This is because "counsel has a duty to make reasonable investigations or to make a reasonable decision that makes particular investigations unnecessary." State v. Chew, 179 N.J. 186, 217 (2004) (quoting State v. Savage, 120 N.J. 594, 618 (1990)).

2025A-0213-23 15 "An ineffective assistance of counsel claim may occur when counsel fails to conduct an adequate pre-trial investigation." State v. Porter, 216 N.J. 343, 352 (2013). "[C]ounsel has a duty to make 'reasonable investigations or to make a reasonable decision that makes particular investigations unnecessary.'" State v. Savage, 120 N.J. 594, 618 (1990) (quoting Strickland, 466 U.S. at 691 ); Harris, 181 N.J. at 474 .

2025In the context of a guilty plea, the standard to establish an ineffective assistance of counsel claim is modified: To set aside a guilty plea based on ineffective assistance of counsel "a defendant must show that (i) counsel's assistance was 'not within the range of competence demanded of attorneys in criminal cases'; and (ii) 'that there is a reasonable probability that, but for counsel's errors [defendant] would not have pled guilty and would have insisted on going to trial.'" Nuñez-Valdez, 200 N.J. at 139 (quoting State v. DiFrisco, 137 N.J. 434, 457 (1994)).

2024A-3113-21 12 When asserting an ineffective assistance of counsel claim after the entry of a guilty plea, "a defendant must show that (i) counsel's assistance was not within the range of competence demanded of attorneys in criminal cases; and (ii) that there is a reasonable probability that but for counsel's errors, [the defendant] would not have pled guilty and would have insisted on going to trial." State v. Nunez-Valdez, 200 N.J. 129, 139 (2009) (quoting State v. DiFrisco, 137 N.J. 434, 457 (1994) (alteration in original)) (quotations omitted).

2025This is because "counsel has a duty to make reasonable investigations or to make a reasonable decision that makes particular investigations unnecessary." State v. Chew, 179 N.J. 186, 217 (2004) (quoting State v. Savage, 120 N.J. 594, 618 (1990)).

2021"An ineffective assistance of counsel claim may occur when counsel fails to conduct an adequate pre-trial investigation." State v. Porter, 216 N.J. 343, 352 (2013). 13 A-4515-18 "A counsel's failure to do so will 'render the lawyer's performance deficient.'" Id. at 353 (quoting State v. Chew, 179 N.J. 186, 217 (2004)). "[W]hen a petitioner claims his trial attorney inadequately investigated his case, he must assert the facts that an investigation would have revealed, supported by affidavits or certifications based upon the personal knowledge of the affiant or the person making the certificatio

2022There is a general "policy against entertaining ineffective-assistance-of-counsel claims on direct appeal because they generally require examination of evidence outside the trial record." Preciose, 129 N.J. at 460 ; see also State v. Miller, 216 N.J. 40 , 70 n.7 (2013) (stating that the appropriate setting for an ineffective assistance of counsel claim is an application for PCR).

2021In reviewing an ineffective assistance of counsel claim, an evidentiary hearing should ordinarily be granted "because the facts often lie outside the trial record . . . ." A-4226-19 8 Ibid. (quoting State v. Preciose, 129 N.J. 451, 462 (1992)).

2026When assertions underpinning an ineffective assistance of counsel claim have already been raised on direct appeal or prior PCR proceedings, "it may be procedurally barred [] by Rule 3:22-5." McQuaid, 147 N.J. at 484 .

2025Super. 549, 557 (App. Div. 2005) (dismissing an ineffective assistance of counsel claim in a PCR petition because it was previously addressed on direct appeal, where the record was sufficient to decide the issue), we likely would not have considered his effectiveness concerning the suppression motion, see State v. McQuaid, 147 N.J. 464, 484 (1997) (recognizing "claims that differ from those asserted below will be heard on PCR").

2025See State v. Castagna, 187 N.J. 293, 316 (2006) (ineffective assistance claim should have been brought in a post-conviction relief petition because the Court could not determine whether the defendant A-0283-22 33 agreed with his attorney's trial strategy).

2019State v. Castagna, 187 N.J. 293, 316 (2006).

2024To avoid the prejudice inquiry under prong two of Strickland, a defendant bringing an ineffective assistance of counsel claim under the Sixth Amendment must prove an "actual" rather than a mere "potential" conflict of interest and also that "the conflict adversely affected counsel's performance." Mickens v. Taylor, 535 U.S. 162, 170 (2002).

2024To avoid the prejudice inquiry under prong two of Strickland, a defendant bringing an ineffective assistance of counsel claim under the Sixth Amendment must prove an "actual" rather than a mere "potential" conflict of interest and also that "the conflict adversely affected counsel's performance." Mickens v. Taylor, 535 U.S. 162, 170 (2002).

2025In addition, a A-1579-23 14 defendant must "convince the court that a decision to reject the plea bargain would have been rational under the circumstances." Padilla v. Kentucky, 559 U.S. 356, 372 (2010).

2022"Conversely, where 'the law is not succinct and straightforward . . ., a criminal defense attorney need do no more than advise a noncitizen client that pending criminal charges may carry a risk of adverse immigration A-2499-20 17 consequences.'" Ibid. (quoting Padilla, 559 U.S. at 369 ); see also Gaitan, 209 N.J. at 381 (holding that where deportation is not mandatory, "counsel must highlight for noncitizen clients that entering a guilty plea will place them at risk of removal").

2024See Strickland, 466 U.S. at 700 (explaining a failure to satisfy either prong of the standard requires the denial of a PCR petition); Nash, 212 N.J. at 543 (explaining a defendant must satisfy both prongs of the Strickland standard to obtain PCR on an ineffective assistance of counsel claim).

2021Super. at 486 , and the court correctly rejected the ineffective assistance of counsel claim without an evidentiary hearing, see Nash, 212 N.J. at 542 .

2024Defendant argues the court erred by rejecting his claim that trial counsel was ineffective by failing to request a Franks hearing because had the request been made, "it would have been successful, and the boots at defendant's residence would have been suppressed." A-3651-21 23 "In order to satisfy the Strickland standard when an ineffective assistance of counsel claim is based on the failure to file a suppression motion, a defendant must establish 'that [their] Fourth Amendment claim is meritorious.'" State v. O'Neal, 190 N.J. 601, 618-19 (2007) (quoting State v. Fisher, 156 N.J. 494, 501 (199

2018A-3808-16T4 7 Noting the gun was seized pursuant to a search warrant, and finding defendant failed to articulate any facts that would demonstrate his motion s would have been successful, the PCR judge found: Even in the context of an ineffective assistance of counsel claim, a defendant still bears the burden of demonstrating that his Fourth Amendment claim is meritorious, [State v.] Goodwin, . . . 173 N.J. [583,] 597 [(2002)], State v. Fisher, 156 N.J. 494, 501 (1988).

2019R. 3:22-2; see State v. Goodwin , 173 N.J. 583 , 593, 803 A.2d 102 (2002).

2019R. 3:22-2; see State v. Goodwin , 173 N.J. 583 , 593, 803 A.2d 102 (2002).

2026Rule 3:22-5 provides: A prior adjudication upon the merits of any ground for relief is conclusive whether made in the proceedings resulting in the conviction or in any post-conviction proceeding brought pursuant to this rule or prior to the adoption thereof, or in any appeal taken from such proceedings. "'Preclusion of consideration of an argument presented in post-conviction relief proceedings should be affected only if the issue [raised] is identical or substantially equivalent' to that issue previously adjudicated on its merits." McQuaid, 147 N.J. at 484 (quoting State v. Bontempo, 170 N.J.

2022Rule 3:22-5 provides: A prior adjudication upon the merits of any ground for relief is conclusive whether made in the proceedings resulting in the conviction or in any post-conviction A-4460-19 8 proceeding brought pursuant to this rule or prior to the adoption thereof, or in any appeal taken from such proceedings. "'Preclusion of consideration of an argument presented in post-conviction relief proceedings should be affected only if the issue [raised] is identical or substantially equivalent' to that issue previously adjudicated on its merits." McQuaid, 147 N.J. at 484 (quoting State v. Bontem

2026N.J. 343, 352 (2013) ("An ineffective assistance of counsel claim may occur when counsel fails to conduct an adequate pre-trial A-1478-24 11 investigation." (citations omitted)); see also State v. Hess, 207 N.J. 123, 154 (2011) (recognizing that at sentencing "the failure to present mitigating evidence or argue for mitigating factors" may constitute ineffective assistance of counsel).

2024We note only that in State v. Hess, the Court held that a failure to "present mitigating evidence or argue for mitigating factors" at sentencing constitutes deficient performance under Strickland's first prong where "the sentencing court was deprived of information and arguments that might well have led it to impose a lesser term," 207 N.J. 123, 154 (2011).

2026We have held that "inadequate pre-trial investigation may form the basis of an ineffective assistance of counsel claim." State v. Russo, 333 N.J.

2013Preciose, supra, 129 N.J. at 464 , 609 A.2d 1280 ; State v. Savage, *353 120 N.J. 594, 621-22 , 577 A.2d 455 (1990); State v. Petrozelli, 351 N.J.Super. 14, 23 , 796 A.2d 927 (App.Div.2002). “ ‘[C]ounsel has a duty to make reasonable investigations or to make a reasonable decision that makes particular investigations unnecessary.’ ” State v. Chew, 179 N.J. 186, 217 , 844 A.2d 487 (2004) (quoting Strickland, supra, 466 U.S. at 691 , 104 S.Ct. at 2066 , 80 L.Ed.2d at 695 ); see also State v. Russo, 333 N.J.Super. 119, 139 , 754 A.2d 623 (App.Div.2000) (“ ‘[I]t is the duty of the lawyer to conduc

2025"However, courts cannot fault counsel 'for failing to expend time or resources analyzing events about which they were never alerted.'" Ibid. (quoting State v. DiFrisco, 174 N.J. 195, 228 (2002)).

2019See State v. DiFrisco, 174 N.J. 195, 244 (2002) (analyzing defendant's claim that he was denied effective expert services as an ineffective-assistance- of-counsel claim).

2024Defendant argues the court erred by rejecting his claim that trial counsel was ineffective by failing to request a Franks hearing because had the request been made, "it would have been successful, and the boots at defendant's residence would have been suppressed." A-3651-21 23 "In order to satisfy the Strickland standard when an ineffective assistance of counsel claim is based on the failure to file a suppression motion, a defendant must establish 'that [their] Fourth Amendment claim is meritorious.'" State v. O'Neal, 190 N.J. 601, 618-19 (2007) (quoting State v. Fisher, 156 N.J. 494, 501 (199

2021See State v. O'Neal, 190 N.J. 601, 618-19 (2007) (noting that to satisfy the Strickland standard when an ineffective assistance of counsel claim is based on the failure to file a suppression motion, a defendant must establish that the motion had merit) .

2024Defendant argues the court erred by rejecting his claim that trial counsel was ineffective by failing to request a Franks hearing because had the request been made, "it would have been successful, and the boots at defendant's residence would have been suppressed." A-3651-21 23 "In order to satisfy the Strickland standard when an ineffective assistance of counsel claim is based on the failure to file a suppression motion, a defendant must establish 'that [their] Fourth Amendment claim is meritorious.'" State v. O'Neal, 190 N.J. 601, 618-19 (2007) (quoting State v. Fisher, 156 N.J. 494, 501 (199

2005If it had no merit, then defendant would be unable to establish the “prejudice prong” of the ineffective assistance of counsel standard established by Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 , reh’g denied, 467 U.S. 1267 , 104 S.Ct. 3562 , 82 L.Ed.2d 864 (1984); State v. Worlock, 117 N.J. 596, 625, 569 A.2d 1314 (1990); Roper, supra, 362 N.J.Super. at 255 , 827 A.2d 1099 .

2022"A reasonable probability is a probability sufficient to undermine confidence in the outcome." State v. Pierre, 223 N.J. 560, 583 (2015) (quoting Strickland, 466 U.S. at 694 ; Fritz, 105 N.J. at 52 ).

2020To establish an ineffective assistance of counsel claim, the claimant must prove counsel's performance was deficient and that counsel's "deficient performance prejudiced the defense." State v. Pierre, 223 N.J. 560, 578 (2015) (quoting Strickland, 466 U.S. at 687 ).

2006To establish an ineffective assistance of counsel claim, a defendant must satisfy the test formulated in Strickland v. Washington, 466 U.S. 668, 687 , 104 S.Ct. 2052, 2064 , 80 L.Ed. 2d 674, 693 (1984), and United States v. Cronic, 466 U.S. 648, 657-58 , 104 S.Ct. 2039, 2046-47 , 80 L.Ed. 2d 657, 667-68 (1984), which the Supreme Court of New Jersey adopted in State v. Fritz, 105 N.J. 42, 58 , 519 A. 2d 336 (1987).

2006To establish an ineffective assistance of counsel claim, a defendant must satisfy the test formulated in Strickland v. Washington, 466 U.S. 668, 687 , 104 S.Ct. 2052, 2064 , 80 L.Ed. 2d 674, 693 (1984), and United States v. Cronic, 466 U.S. 648, 657-58 , 104 S.Ct. 2039, 2046-47 , 80 L.Ed. 2d 657, 667-68 (1984), which the Supreme Court of New Jersey adopted in State v. Fritz, 105 N.J. 42, 58 , 519 A. 2d 336 (1987).

2021In Lafler v. Cooper, the United States Supreme Court extended the Strickland test to challenges of guilty pleas grounded in ineffective assistance of counsel claims. 566 U.S. at 162-63 .

2018See Lafler v. Cooper, 566 U.S. 156, 163-64 (2012).