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- DISCOVER BANK VS. ALESSANDRA M. MORAES (DC-002345-09, ESSEX COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… On January 21, 2009, plaintiff Discover Bank filed a complaint against defendant alleging breach of contract … did not challenge service of process of the summons and complaint. She did not file a responsive pleading, and … an information subpoena. Defendant returned a partially completed information subpoena and signed questionnaire to …
- njcourts.gov… Division. After a de novo review, Judge Borkowski issued a comprehensive seventeen-page decision. She discerned … judge. On appeal, Bartolewska raises the following points: POINT I OFFICER BODINE SEIZED . . . BARTOLEWSKA … [AND] ARTICULABLE SUSPICION THAT A VIOLATION HAD BEEN COMMITTED. POINT II OFFICER BODINE WAS NOT ACTING WITHIN THE …
- STATE OF NEW JERSEY VS. RONNIE WATKINS (20-01-0049, BURLINGTON COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… Substance with Intent to Distribute, the State agreed to recommend a sentence of four years in New Jersey State Prison … found aggravating factor three, the risk defendant would commit another offense, based on defendant's criminal … THE CUMULATIVE EFFECT OF ERRORS DENIED PETITIONER A FAIR OUTCOME. II. 8 A-0204-23 "Post-conviction relief is New …
- STATE OF NEW JERSEY VS. JULIUS N. BING (16-01-0042, ATLANTIC COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… then shone his flashlight into the vehicle and noticed that components of the dashboard were missing, and an object, … leaning forward, leaning back and moving around, not common." As to his use of a flashlight, Officer Laielli … "Officer Laielli had no reason to believe that he would come across a firearm when he pulled the suspected vehicle …
- njcourts.gov… DOCKET NO. A-5716-17T1 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR J.P. MORGAN MORTGAGE ACQUISITION … summary judgment to plaintiff Deutsche Bank National Trust Company, a June 28, 2017 order again granting plaintiff … appeal followed. On appeal, defendant raises the following points for our consideration: POINT I THE TRIAL COURT …
- njcourts.gov… Two grand juries indicted and charged defendant with committing numerous crimes.1 After a jury found him guilty … THE LOCATION AND REMAINS OF THE 5 A-2793-18T3 VICTIMS' BODIES UNDER THE INEVITABLE DISCOVERY RULE. POINT IV … Additionally, the trial judge found that the victims' bodies and related physical evidence were admissible under the …
- STATE OF NEW JERSEY VS. TYRONE STEPHENS (16-11-1427, BERGEN COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… 2C:18- 2(b)(2) (count five); second-degree conspiracy to commit armed burglary, N.J.S.A. 2C:5-2(a)(1) and 2C:18 … and to suppress the identification. They also moved to compel disclosure of the identity of a confidential … in Englewood, and to suppress evidence seized pursuant to a communications data warrant. The judge heard oral argument …
- njcourts.gov… an argument that the trial judge did not adequately cure comments by the prosecutor that "portrayed the defendant and … he contended that his attorney failed to raise issues about comments made by the prosecutor during closings about … brief defendant filed directly, he adds the following points: POINT I INEFFECTIVE ASSISTANCE OF COUNSEL DENIED …
- njcourts.gov… appeals from the April 12, 2019 order of respondent Commissioner, Department of Environmental Protection (DEP) … Sternstein c/o GDMS Holdings, LLC (GDMS) authorizing the commercial and residential development of respondent's … forty-five days, R. 2:4-1(b), pursuing administrative remedies at the DEP, N.J.A.C. 7:7-28.1, or taking both steps. In …
- STATE OF NEW JERSEY VS. ERNEST MIGNOLI (19-011, MONMOUTH COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… Later that evening, defendant went to the APFD to file a complaint against Captain Fahnholz. Because Captain Fahnholz … Captain Fahnholz 3 A-1502-19 provided defendant with a complaint form. Defendant then made threatening statements; … judge's recusal, alleging bias stemming from an unrelated complaint and 2) an adjournment of the trial because of …
- K.M.R. VS. B.R. (FV-04-2195-13, CAMDEN COUNTY AND STATEWIDE) (RECORD IMPOUNDED) - Unpublished Opinionsnjcourts.gov… 2C:25-17 to -35 (PDVA). On appeal, he raises the following points for our consideration: I. THE TRIAL COURT'S FAILURE … COURT'S UNCLEAR CREDIBILITY FINDINGS AND OVERALL FAILURE TO COMPLY WITH R[ULE] 1:7-4. (Not raised below) III. THE … raised below) We agree with most of the arguments raised in points I and II and, as such, cannot determine on the record …
- njcourts.gov… reverse and remand. On September 4, 2019, plaintiff filed a complaint against defendants alleging violations of CEPA, … appeal followed. On appeal, plaintiff raises the following points for our consideration: POINT I[3] THE TRIAL COURT … plaintiff in a CEPA action is entitled to '[a]ll remedies available in common law tort actions. '" Longo v. …
- njcourts.gov… In his brief on appeal, defendant raises the following points: POINT I BECAUSE THE POLICE UNLAWFULLY ENTERED THE … conviction and sentence. We discuss, in turn, his two main points concerning the suppression issues and the sentencing. … knocked on the door of the room, announced they had come to arrest defendant, and instructed him to come out. …
- njcourts.gov… Defendant responded, "You need a search warrant. You can't come in here. And I wanna lawyer." After defendant showed … value." Lieutenant Spirito eventually obtained a Communications Data Warrant (CDW) for defendant's cell … or omissions fell outside the wide range of professionally competent assistance considered in light of all the …
- njcourts.gov… welfare of a child, N.J.S.A. 2C:24-4(a)(1) (count two). The complaint-warrant alleged the victim M.R., then sixteen … agreeing to dismiss count one. The State also agreed to recommend: three years of non-custodial probation with a … his trial counsel." Defendant raises the following points on appeal: POINT I: BECAUSE [DEFENDANT] RECEIVED …
- njcourts.gov… IN THE MATTER OF CHANGES IN THE STATE CLASSIFICATION PLAN, COMMUNICATIONS OPERATOR, DEPARTMENT OF CORRECTIONS.1 … within the agency. Additionally, as the Commission's brief points out, the Legislature has reorganized the agency … 11A:2-1; N.J.S.A. 11A:11-1, -2. However, as the agency points out, historically, the responsibility for approving …
- STATE OF NEW JERSEY VS. LUIS MELENDEZ (11-02-0332, HUDSON COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… his trial counsel was ineffective in failing to provide complete discovery, the judge found he failed to "point to … defense nor how that material would have affected the outcome of his trial . . . under Strickland1 or Cronic."2 The … found the mother's testimony would not have altered the outcome of the trial . Further, the judge rejected defendant's …
- STATE OF NEW JESEY VS. PABLO S. MACHADO (07-10-1579, MIDDLESEX COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… once again found guilty of armed robbery and conspiracy to commit armed robbery. The State dismissed the weapons count, … trial court erred in failing to charge the jury with an accomplice liability charge, or that prosecutorial misconduct … the court's denial of PCR, defendant raises the following points for our review: POINT I THE PCR COURT SHOULD HAVE …
- STATE OF NEW JERSEY VS. SHATARA S. CARTER (10-05-1501, CAMDEN COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… in Camden. On February 25, 2010, the police found two bodies buried in a shallow grave in the back yard of the house … first-degree murder charge to aggravated manslaughter and recommend a twenty-year sentence pursuant to the No Early … A-2382-16T4 On this appeal, defendant raises the following points of argument: POINT I: DEFENDANT'S PETITION FOR POST …
- STATE OF NEW JERSEY VS. DONALD KILPATRICK (14-08-0541, SOMERSET COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… also appeals from his conviction, arguing the prosecutor's comments during closing argument deprived him of a fair … created a reasonable suspicion that an offense was being committed sufficient to establish probable cause for … BECAUSE OF PROSECUTORIAL MISCONDUCT AS THE PROSECUTOR COMMENTED ON DEFENDANT'S POST- ARREST SILENCE IN HER …