The charges related to the killing of Dr. Jeffrey Perchick on March 1, 2002, in the parking lot of the Wyndham Hotel in Elizabeth, New Jersey. See State v. Pierre-Louis, 216 N.J. 577, 578-79 (2014).

Div. Aug. 20, 2012), certif. granted, 216 N.J. 577 (2014). The Supreme Court reversed and remanded for a third evidentiary hearing. State v. Pierre-Louis, 216 N.J. 577, 579-80 (2014).

As our Supreme Court has reaffirmed, "[t]o prevail on a claim of ineffective assistance of counsel, a defendant must . . . show both: (1) that counsel's performance was deficient, and (2) that the deficient performance prejudiced the outcome." State v. Pierre-Louis, 216 N.J. 577, 579 (2014) (citing Strickland, 466 U.S. at 687; Fritz, 105 N.J. at 58). Under that test, a defendant must prove (1) "counsel made errors so serious that counsel was not functioning as the 'counsel' guaranteed the defendant by the Sixth Amendment," and (2) "the deficient performance prejudiced the defense."

As our Supreme Court has reaffirmed, "[t]o prevail on a claim of ineffective assistance of counsel, a defendant must . . . show both: (1) that counsel's performance was deficient, and (2) that the deficient performance prejudiced the outcome." State v. Pierre-Louis, 216 N.J. 577, 579 (2014) (citing Strickland, 466 U.S. at 687; State v. Fritz, 105 N.J. 42, 58 (1987)). We have considered defendant's arguments raised in this appeal in view of the record, the applicable legal principles, and our deferential standards of review, and conclude his contentions lack sufficient merit to warrant further discussion in a written opinion.

As our Supreme Court has recently reaffirmed, "[t]o prevail on a claim of ineffective assistance of counsel, a defendant must . . . show both (1) that counsel's performance was deficient, and (2) that the deficient performance prejudiced the outcome." State v. Pierre-Louis, 216 N.J. 577, 579 (2014) (citing Strickland v. Washington, 466 U.S. 668, 687 (1984); State v. Fritz, 105 N.J. 42, 58 (1987)). We discern no legal basis to disturb Judge Taylor's factual findings in his January 3, 2018 statement of reason on the record.

In light of that history and the prior rulings entered in connection with the PCR petition, we direct, in an abundance of caution, that a different judge be assigned to conduct the evidentiary hearing on remand. See State v. Pierre-Louis, 216 N.J. 577, 580 (2014). Reversed and remanded.

Our Supreme Court has consistently upheld and applied these standards over the thirty years since Fritz was decided. See State v. Pierre-Louis, 216 N.J. 577, 579 (2014). In determining a claim of ineffective assistance of counsel in a case in which a defendant pled guilty, "the issue is whether it is ineffective assistance of counsel for counsel to provide misleading, material information that results in an uninformed plea, and whether that occurred here."

Strickland, supra, 466 U.S. at 687, 104 S. Ct. at 2064, 80 L. Ed. 2d at 693; Fritz, supra, 105 N.J. at 58.[State v. Pierre-Louis, 216 N.J. 577, 579 (2014)] In determining a claim of ineffective assistance of counsel in a case in which a defendant pled guilty, "the issue is whether it is ineffective assistance of counsel for counsel to provide misleading, material information that results in an uninformed plea, and whether that occurred here."

Statev. Pierre-Louis, 216 N.J. 577, 579 (2014) (citing Strickland v. Washington, 466 U.S. 668, 687, 104 S. Ct. 2052, 2064, 80 L. Ed. 2d 674, 693 (1984); State v. Fritz, 105 N.J. 42, 58 (1987)). After reviewing the record developed before the PCR court, we reject defendant's arguments and affirm substantially for the reasons expressed by Judge Covert in her August 29, 2014 memorandum of opinion.

In order to obtain relief for the ineffective assistance of trial counsel, a defendant must allege facts sufficient to establish a prima facie case for relief under the "familiar two-prong test outlined in Strickland v. Washington, 466 U.S. 668, 687, 104 S. Ct. 2052, 2064, 80 L. Ed. 2d 674, 693 (1984), and adopted by [the New Jersey Supreme] Court in State v. Fritz, 105 N.J. 42, 58 (1987)." State v. Pierre-Louis, 216 N.J. 577, 579 (2014). A defendant "must show both (1) that counsel's performance was deficient, and (2) that the deficient performance prejudiced the outcome."