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STATE v. ECHOLS

941 A.2d 599 (2008)

398 N.J. Super. 192

STATE of New Jersey, Plaintiff-Respondent, v. Terrence ECHOLS, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided February 26, 2008.

Attorney(s) appearing for the Case

Daniel V. Gautieri, Assistant Deputy Public Defender, argued the cause for appellant (Yvonne Smith Segars, Public Defender, attorney; Mr. Gautieri, on the brief).

Kenneth P. Ply, Assistant Essex County Prosecutor, argued the cause for respondent (Paula T. Dow, Essex County Prosecutor, attorney; Joan E. Love, of counsel and on the brief).

Before A.A. RODRIGUEZ, C.S. FISHER and C.L. MINIMAN.

The opinion of the court was delivered by

FISHER, J.A.D.

In this appeal, we reverse the denial of defendant's petition for post-conviction relief (PCR), finding defendant was denied the effective assistance counsel because: trial counsel failed to fully elicit testimony regarding defendant's alleged alibi; appellate counsel failed to pursue on direct appeal the trial judge's refusal to give the jury an alibi instruction; trial counsel failed to object and...

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