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njcourts.gov
… thing she heard was the sound of someone being hit and "a commotion." After that she was unable to contact her husband … hearing, Judge Foti denied defendant's PCR petition in a comprehensive written opinion. Addressing the second …
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njcourts.gov
… consideration of evidence adduced at trial that defendant committed the murders in finding and weighing the … calendar for full briefing. Defendant raises the following points: POINT I DEFENDANT HAS TWICE BEEN UNLAWFULLY PUNISHED FOR COMMITTING CRIMES A JURY DID NOT FIND HE COMMITTED. THE …
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njcourts.gov
… the Township's zoning officer mailed to Starz Discount Oil Company and defendant a "Notice of Violation." The notice … month, on March 20, 2015, the zoning officer issued a complaint summons to defendant for violating Section … almost to the top border of the sign. The two bottom points extend almost to the bottom of the sign, but there is …
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njcourts.gov
… 2C:11-3(a)(3). In exchange for his guilty plea, the State recommended a prison term of thirty years with a thirty-year … is clear beyond a reasonable doubt.'" N.J. Republican State Comm. v. Murphy, 243 N.J. 574, 591 (2020) (quoting State v. … not affected by N.J.S.A. 2C:43-7.2(a). Notably, in State v. Comer and State v. Zarate, 249 N.J. 359, 380-81 (2022), our …
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njcourts.gov
… a bench trial entering a no cause of action dismissing the complaint against defendant New NOT FOR PUBLICATION WITHOUT … a "Club Information Briefing" meeting with the staff. The accompanying presentation identified all staff members as … with prejudice. On appeal, plaintiff raises the following points for this court's consideration: [POINT I] THE TRIAL …
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njcourts.gov
… or persistent to warrant revocation. The hearing officer recommended that Bunch be continued on PSL status subject to completing a 180-day program entitled PROMISE, a program … with mental illness safely and effectively" to the community. A two-member Board panel concurred with the …
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njcourts.gov
… to dismiss the remaining counts in the indictment and recommend the court sentence defendant to a term of three … the detectives asked him to step out of the car. He complied without incident. McCall ran a computer 3 See … an effect on traffic." We disagree. As the State correctly points out in its brief, this court made clear in State v. …
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njcourts.gov
… THE PLEADING STAGE WAS ERRONEOUS, AS DEFENDANT'S PETITION COMPLIED WITH PROCEDURAL/TIMELINESS REQUIREMENTS AND HAD … argument, we discern no statutory or procedural provision compelling it to adopt this course. See R. 3:22-11. [228 … its discretion, including the apparent merits and complexity of the issues raised, whether the petition is an …
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njcourts.gov
… both orders and remand for entry of an order dismissing the complaint. I. The following facts are derived from the … in South Plainfield. Although the property is zoned for commercial use, a house situated on the parcel was a … board approved the parties' site plan application for a commercial development, subject to the condition that the …
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njcourts.gov
… one a tall, heavy-set black male. The car used in the commission of the robberies was described in the BOLO as an … [the officer's] testimony which I found credible on these points, that he did a protective search of the area where … most thorough way," the judge nevertheless found it was accomplished in a legal way because the area searched was "not …
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njcourts.gov
… offered or how their testimony could have affected the outcome of the case. The court stated that defendant's … the following issues: TRIAL COUNSEL'S NEGLECT TO ADEQUATELY COMMUNICATE WITH DEFENDANT, TO PROPERLY INVESTIGATE THE … AND PETITIONS FOR POST- CONVICTION RELIEF B. FAILURE TO COMMUNICATE, INVESTIGATE AND CALL WITNESSES In a pro se …
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njcourts.gov
… plead guilty to count three in exchange for the State's recommendation of a sentence not to exceed five years subject … a factual basis, defendant testified that while on his home computer, he used a peer-to-peer network to download and … was a "terrible blemish [on] and otherwise . . . very accomplished life [and] represente[d] [defendant's] first …
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njcourts.gov
… reached for her license and registration in the glove compartment, the officer observed multi-colored paper … DEPRIVED DEFENDANT OF A MEANINGFUL OPPORTUNITY TO PRESENT A COMPLETE DEFENSE, VIOLATING HER CONSTITUTIONAL DUE PROCESS RIGHT TO A FAIR TRIAL AND COMPULSORY PROCESS. [U.S. CONST.] AMENDS. VI, XIV; [N.J. …
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njcourts.gov
… and unconstitutional because the municipality did not comply with the notice requirements of N.J.S.A. 39:4-198; … N.J. 403, 415 (2016) (citing Manalapan Realty, L.P. v. Twp. Comm. of Manalapan, 140 N.J. 366, 378 (1995)). Defendant's … or effect unless the same is approved by the [New Jersey Commissioner of Transportation.]" N.J.S.A. 39:4-8(a). By its …
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njcourts.gov
… from the store when an unknown man entered her apartment complex behind her. The man demanded S.L. hand over her … black 3 A-3201-16T1 male," who was wearing a "light gray hoodie, a black jacket and white sneakers." Ibid. After taking … later obtained a surveillance video from S.L.'s apartment complex. At trial, the sergeant who obtained the …
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njcourts.gov
… order granting the Rule 4:6-2(e) motion to dismiss his complaint with prejudice for failure to state a claim by the … action was pending, plaintiff filed a third-party complaint, asserting counterclaims against Green Tree (now … 389 N.J. Super. 130, 141 (2006)). "This doctrine 'embodies the principle that the adjudication of a legal …
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njcourts.gov
… of misconduct against him. Because the case was not complex, the attorney stated that only a brief adjournment … the State agreed to begin the trial on May 24, 2016 to accommodate the prosecutor's need to attend a training … longer able to preside over the case because of other work commitments, and the matter was transferred to another judge …
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njcourts.gov
… this motion as well. III. Defendant raises the following points for our consideration: POINT I THE FIRST MOTION TO … an open air narcotics market about which numerous civilian complaints had been received. Although that factor alone … mitigating factors found by the trial judge were based upon competent and credible evidence, and the sentence does not …
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njcourts.gov
… The prosecutor then addressed defense counsel's complaints about the brevity of the reports, explaining: And … above standards, we discern no error in the prosecutor's comments warranting reversal of defendant's conviction. "A … 602, 605 (App. Div. 1993). Furthermore, a prosecutor's comments may be harmless if they are only a response to …
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njcourts.gov
… BEGYM-MOHOSIN,1 Defendants-Respondents, and DEF INSURANCE COMPANY, Jointly, Severally or in the Alternative, … On September 29, 2014, plaintiff filed a personal injury complaint for injuries she alleged to have sustained in the … This appeal followed. Plaintiff raises the following points on appeal: POINT I THE LEGAL CLASSIFICATION OF AN …