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State v. Bell

Citations

  • 447 A.2d 525
  • 90 N.J. 163
  • 1982 N.J. LEXIS 2148

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that the private law firm analogy is inappropriate and that public defender conflicts of interest should be determined on a case-by-case basis under the standards articulated in Strickland
  • adopting per se disqualification rule in eases where a public defender is required to attack the trial competence of another public defender; case-by-case rule for other types of conflict of interest
  • approving rejection of per se disqualification in favor of showing conflict case by case
  • refusing to apply Bellucci’s per se rule to public defenders, but holding that if “the circumstances demonstrate a potential conflict of interest and a significant likelihood of prejudice, the presumption of both an actual conflict of interest and actual prejudice will arise”
  • no presumption of prejudice arising solely from multiple representation of codefend-ants by attorneys from same public defender office
  • multiple representation in the same criminal action by a public defender’s office does not in itself give rise to a presumption of prejudice

Source: CourtListener parenthetical corpus (CC0).

Judges: O'Hern, Handler, Pashman

Read full opinion on CourtListener

Cited by

43 cases in this archive cite this case; the 20 most cited are listed.

Cites

66 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases with this name

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.