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- A-5691-18 Opinionnjcourts.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 …
- A-1502-19 Opinionnjcourts.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 …
- A-1404-17T4 Opinionnjcourts.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 …
- A-5363-16T4 Opinionnjcourts.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 …
- A-0666-16T3 Opinionnjcourts.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 …
- A-4648-15T4 Opinionnjcourts.gov… In his petition, defendant asserted: (1) trial counsel completely failed to object to the judge's erroneous charge … without adding a final paragraph directing the jury to "complete its task;" (4) the modified Czachor charge omitted … appeal followed. On appeal, defendant raises the following points: THIS MATTER MUST BE REMANDED FOR AN EVIDENTIARY …
- 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 …
- A-0204-23 – STATE OF NEW JERSEY VS. RONNIE WATKINS (20-01-0049, BURLINGTON COUNTY AND STATEWIDE) Opinionnjcourts.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 …
- njcourts.gov… "'[t]he New Jersey judiciary is, as a matter of policy, committed to the quick and thorough resolution of DWI … right to a speedy trial by moving to dismiss the pending complaint under R. 3:25-3. He claims no impairment of his …
- A-1461-22 – STEPHEN FAIRHURST VS. NEW JERSEY STATE PAROLE BOARD (NEW JERSEY STATE PAROLE BOARD) Opinionnjcourts.gov… card theft. Fairhurst was twenty-two years old when he committed the offenses. While incarcerated, Fairhurst … infractions. On appeal, Fairhurst raises the following points: POINT I THE PAROLE BOARD IMPROPERLY EQUATED OFFENSES … III. We address together Fairhurst's contentions, raised in points I and II, that reversal of his denial of parole or …
- A-0275-22 – AMERICO ARZOLA VS. BOARD OF TRUSTEES, ETC. (POLICE AND FIREMEN'S RETIREMENT SYSTEM) Opinionnjcourts.gov… petitioner was working on a unit when an inmate became non-compliant with instructions given by petitioner's partner. The inmate did not respond to verbal commands. Petitioner grabbed the inmate but the inmate "got … appeal follows, wherein petitioner raises the following points for our consideration: POINT I THE ACT OF GOING …
- njcourts.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 …
- A-1177-22 – DISCOVER BANK VS. ALESSANDRA M. MORAES (DC-002345-09, ESSEX COUNTY AND STATEWIDE) Opinionnjcourts.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 …
- A-2630-23 – STATE OF NEW JERSEY VS. JESSICA FERGUSON (MA-16-12-23, SUSSEX COUNTY AND STATEWIDE) Opinionnjcourts.gov… her from understanding the New Jersey Motor Vehicle Commission Standard Statement for Operators of a Motor … the demonstration is followed. Defendant also attempted to comply with the heel-to-toe test three times but abandoned … stated she did not verbalize a response because she had "completely shut down at that point" and Officer Hackett …
- njcourts.gov… (App. Div. 2007) (quoting Manalapan Realty, L.P. v. Twp. Comm. of Manalapan, 140 N.J. 366, 378 (1995)). Applying this … In family actions, the court may also grant additional remedies as provided by R[ule] 5:3-7." Under Rule 5:3-7(a), … parenting time, the court may order, in addition to the remedies provided by R[ule] 1:10-3, any of the following …
- njcourts.gov… v. FAIRVIEW HOMES PRESERVATION, L.P., RELATED MANAGEMENT COMPANY, L.P., and RICARDO MENDOZA, Defendants-Respondents, … Fairview Homes Preservation, L.P., and Related Management Company, L.P. (Greenberg Traurig, LLP, attorneys; Robert H. … Diane appeal from an order dismissing their second amended complaint with prejudice against defendants Fairview Homes …
- ANTHONY MCCOY VS. ARDE, INC., ET AL. (L-6073-22, BERGEN COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… Mancuso's motion to stay the Law Division proceedings and compel arbitration of plaintiff's causes of action under the … all times pertinent to the claims asserted in plaintiff's complaint, Arde was party to a collective bargaining … the title plaintiff held during his employment with the company.1 1 The CBA states the Union is the collective …
- njcourts.gov… from orders granting defendants' motions to dismiss their complaint with prejudice and subsequent orders awarding … the fee orders. I. On November 22, 2021, plaintiff filed a complaint in which they described themselves as owning and … purposes of constructing a 36-bed special needs housing complex along with a sewage plant, discharge field and other …
- njcourts.gov… and Moynihan. On appeal from the New Jersey Civil Service Commission, Docket No. 2018-307. Loccke Correia & Bukosky, … the layoff plan for failure to exhaust administrative remedies." Id., slip op. at 3. We dismissed the appeals as moot … responsibilities were "consistent with classification studies and evaluations conducted by the [f]ederal government." …
- njcourts.gov… trial court improperly granted class certification because common issues of fact did not predominate over the specific … the rights of both sides. Ibid. Also, courts may craft remedies for class litigation, including altering or amending … for those amounts during the same timeframe, with speedier and more efficient results." See, e.g., Guzman v. SC …