Legal Opinion

State v. Agathis

New Jersey Superior Court Appellate Division

Decided February 1, 2012PublishedCited by 11 opinions

1Opinion of the Court

The opinion of the court was delivered by

FUENTES, J.A.D.

Defendant Nickolas1 Agathis appeals from the denial of his petition for post conviction relief (PCR). We reverse and remand for an evidentiary hearing.

Defendant pled guilty to the domestic violence offense of simple assault and was placed on probation conditioned upon forfeiting his firearms identification card. Relying on our Supreme Court’s decision in State v. Nunez-Valdez, 200 N.J. 129, 975 A.2d 418 (2009), defendant argues he received ineffective assistance of counsel when his attorney incorrectly informed him that he could regain…

2Cases cited7 opinions

  1. District of Columbia v. HellerSupreme Court of the United States · 2008
  2. McDonald v. City of ChicagoSupreme Court of the United States · 2010
  3. State v. PrecioseSupreme Court of New Jersey · 1992
  4. State v. DiFriscoSupreme Court of New Jersey · 1994
  5. State v. Nunez-ValdezSupreme Court of New Jersey · 2009

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3Cited by11 opinions

  1. State of New Jersey v. William SmullenNew Jersey Superior Court Appellate Division · 2014
  2. STATE OF NEW JERSEY VS. EARL AUSTIN (12-02-0309, HUDSON COUNTY AND STATEWIDE)New Jersey Superior Court Appellate Division · 2019
  3. STATE OF NEW JERSEY VS. GRADY RADFORD (09-07-0600, CUMBERLAND COUNTY AND STATEWIDE) (RECORD IMPOUNDED)New Jersey Superior Court Appellate Division · 2018
  4. STATE OF NEW JERSEY VS. JAHMAI S. JAMES (15-06-0195, ESSEX COUNTY AND STATEWIDE)New Jersey Superior Court Appellate Division · 2020
  5. STATE OF NEW JERSEY VS. JAHMAI S. JAMES (15-06-0195, ESSEX COUNTY AND STATEWIDE)New Jersey Superior Court Appellate Division · 2020

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