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State v. Allah

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Argued October 9, 2001

In this appeal defendant claims he was denied the effective assistance of counsel because his attorney failed to raise a double jeopardy defense prior to defendant’s trial on various drug offenses after the attorney had objected to an earlier grant of a mistrial on the same charges. The Appellate Division determined that defendant waived his double-jeopardy claim by failing to file a Rule 3:10-2 motion raising the defense. The panel also found that the consequences of the attorney’s decision were not sufficient to establish the showing of prejudice necessary to sustain a claim of ineffective assistance of counsel under Strickland v. Washington, 466 U.S. 668, 104 S. Ct. 2052, 80 L. Ed. 2d 674 (1984), because defendant’s complaint was that he was subjected to a second trial, not that the second trial was conducted unfairly. We hold that on the facts in this record defendant was denied the effective assistance of counsel and is entitled, therefore, to reversal of his conviction.

I.

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