March 17, 2009

3-12-09 State v. Echols (A-12-08

3-12-09 State of New Jersey v. Terrence Echols (A-12-08)

This case does not meet the standard of ineffective assistance
of counsel necessary to warrant a new trial. The comments by
the prosecutor did not deprive defendant of a fair trial and the
failure of trial counsel to object to the comments or the
failure of appellate counsel to raise that issue on appeal would
not have resulted in a different outcome. In addition, although
it would have been appropriate for the trial court to have given
the requested alibi charge, the failure to do so was clearly
harmless error, and even if appellate counsel had raised tissue on appeal the result would not have been different.

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