A state appeals court on Monday reversed denial of post-conviction relief to an ex-client of Paul Bergrin, a lawyer who now faces criminal charges himself, finding public defenders appointed afterwards failed to inquire beyond his tactical decision to forgo a motion to suppress drug evidence.
“The possibility that Bergrin made a tactical decision did not absolve the attorneys representing defendant post-conviction of their respective obligations to advance defendant’s arguments,” the panel wrote in remanding the case, State v. Cyrus, A-3068-08, to allow the filing of a new petition for relief.
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