State v. Rue

I agree with the Court’s disposition based on the current text of Rule 3:22-6(d). Despite what might have been honorable inten*20tions and a thorough investigation of defendant’s claims, PCR counsel breached the rule’s clear mandate. As a result, defendant is entitled to the relief sought.

I write separately to address what remains at the center of this case: the Hobson’s choice faced by a defense lawyer who honestly views a client’s PCR petition to be so lacking in merit that it constitutes the functional equivalent of a fraud on the court. Compare R. 3:22-6(d) (requiring PCR counsel to advance…