STATE v. FISHER


721 A.2d 291 (1998)

156 N.J. 494

STATE of New Jersey, Plaintiff-Appellant, v. Lloyd A. FISHER, Defendant-Respondent.

Supreme Court of New Jersey.

Decided December 23, 1998.


Attorney(s) appearing for the Case

Steven J. Kaflowitz, Assistant Prosecutor, for plaintiff-appellant (Thomas V. Manahan, Union County Prosecutor, attorney).

Paul B. Halligan, Assistant Deputy Public Defender, for defendant-respondent (Ivelisse Torres, Public Defender, attorney).

Christine M. D'Elia, Deputy Attorney General, for amicus curiae, Attorney General of New Jersey (Peter Verniero, Attorney General, attorney).


The opinion of the Court was delivered by GARIBALDI, J.

This case involves defendant Lloyd Fisher's petition for post-conviction relief (PCR). Defendant was charged with possession of cocaine. His counsel filed a motion to suppress; however, defendant failed to appear in court on the return date of the motion, and a warrant was issued for his arrest. Counsel then withdrew the motion. When defendant was subsequently arrested, his counsel did not refile the motion....

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