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Supreme Court of New Jersey· 7/21/2011

State v. Hess

Citations

  • 23 A.3d 373
  • 207 N.J. 123
  • 2011 N.J. LEXIS 746

How courts have described this case

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

  • holding that plea agreement may include sentence to be recommended by State, but may not restrict “the court’s ability to exercise discretion in sentencing”
  • recognizing that at sentencing \the failure to present mitigating evidence or argue for mitigating factors\ may constitute ineffective assistance of counsel
  • recognizing mitigating factor four applied where PCR counsel provided an expert report that the defendant suffered from battered wife's syndrome
  • noting that our courts \routinely decline to entertain ineffective-assistance-of-counsel claims on direct appeal because those claims 'involve allegations and evidence that lie outside the trial record'\ (quoting State v. Preciose, 129 N.J. 451, 460 (1992))
  • finding effective assistance of counsel requires that trial counsel challenge and object to inadmissible evidence
  • holding counsel for the defendant, who shot and killed her husband, was ineffective at sentencing for failing to argue any mitigating factors, discuss evidence suggesting defendant was a victim of domestic violence, or object to a prejudicial video played by the prosecutor

Source: CourtListener parenthetical corpus (CC0).

Judges: Albin, Rivera-Soto

Read full opinion on CourtListener

Cited by

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

Cites

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

Other cases named State v. Hess

69 other CourtListener records share this case name; the 50 most cited are listed.

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.