State of New Jersey, Plaintiff-Respondent v. Roy Savage, Defendant-Appellant

Summary

The Supreme Court of New Jersey reversed Roy Savage's capital murder conviction and death sentence, holding that he was denied effective assistance of counsel in both the guilt and penalty phases and that the state constitution guarantees a defendant's right to testify, which the trial court need not advise when counsel is present. The Court also remanded for a new trial and instructed the lower court to ensure counsel advises the defendant of his testimonial rights. Justice Handler, in a concurrence‑in‑part/dissent‑in‑part, agreed with the judgment but would have applied a per se Cronic analysis and disagreed about the resubmission of the aggravating factor.