Legal Opinion

State v. Preciose

Supreme Court of New Jersey

Decided August 3, 1992PublishedCited by 788 opinions

1Opinion of the Court

The opinion of the Court was delivered by

STEIN, J.

Defendant filed a petition for post-conviction relief based largely on a claim of ineffective assistance of counsel. Upholding the denial of relief, the Appellate Division expressly relied on Rule 3:22-4, which bars petitioners from raising claims that could have been brought on direct appeal. The court also invoked the United States Supreme Court’s decision in Harris v. Reed, 489 U.S. 255, 109 S.Ct. 1038, 103 L.Ed.2d 308 (1989), which limits federal habeas review when state courts explicitly set forth state procedural grounds for denying…

Also in this document: Concurrence.

2Cases cited60 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Coleman v. ThompsonSupreme Court of the United States · 1991
  3. Murray v. CarrierSupreme Court of the United States · 1986
  4. Wainwright v. SykesSupreme Court of the United States · 1977
  5. Teague v. LaneSupreme Court of the United States · 1989

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3Cited by788 opinions

  1. Commonwealth v. GrantSupreme Court of Pennsylvania · 2002
  2. State v. CummingsNew Jersey Superior Court Appellate Division · 1999
  3. State v. MarshallSupreme Court of New Jersey · 1997
  4. Ronald Jones v. Willis Morton, Warden of Trenton State Prison Attorney General of the State of New JerseyCourt of Appeals for the Third Circuit · 1999
  5. Danforth v. MinnesotaSupreme Court of the United States · 2008

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