Legal Opinion

State v. Hooper

New Jersey Superior Court Appellate Division

Decided May 10, 2019No. DOCKET NO. A-3436-16T3PublishedCited by 8 opinions

1Opinion of the Court

ACCURSO, J.A.D.

*163Defendant Lewis Hooper appeals his sentence on a nine-count indictment and the trial court's denial of his motion to withdraw his open plea after sentencing based, in part, on a claim of ineffective assistance of counsel. Because we conclude the court must hold an evidentiary hearing on defendant's claim of ineffective assistance of counsel in connection with his plea, we reverse *164the order denying his motion and remand for that hearing. We also vacate defendant's sentence on account of the court's failure to address the Yarbough 1 factors after determining to impose an…

2Cases cited37 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Hill v. LockhartSupreme Court of the United States · 1985
  3. McMann v. RichardsonSupreme Court of the United States · 1970
  4. Padilla v. KentuckySupreme Court of the United States · 2010
  5. Kimmelman v. MorrisonSupreme Court of the United States · 1986

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3Cited by8 opinions

  1. In the Matter of the Guardianship of CNew Jersey Superior Court Appellate Division · 1967
  2. STATE OF NEW JERSEY VS. ANDREW K. JIMENEZ (19-02-0119, UNION COUNTY AND STATEWIDE)New Jersey Superior Court Appellate Division · 2020
  3. STATE OF NEW JERSEY VS. DAMMEN D. MCDUFFIE (12-12-1785, BERGEN COUNTY AND STATEWIDE)New Jersey Superior Court Appellate Division · 2021
  4. STATE OF NEW JERSEY VS. GARY MADDOX (07-09-0124, CAMDEN COUNTY AND STATEWIDE)New Jersey Superior Court Appellate Division · 2020
  5. STATE OF NEW JERSEY VS. HAKEEM O. WILLIAMS (17-01-0029, SALEM COUNTY AND STATEWIDE) (RECORD IMPOUNDED)New Jersey Superior Court Appellate Division · 2020

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