-
njcourts.gov
… the jury on a lesser-included offense; the prosecutor committed discovery violations; the prosecutor engaged in … and client rights during trial that would have changed outcome of verdict." Defendant thereafter was assigned counsel, … alibi witnesses. On appeal, defendant raises the following points for our consideration: POINT I THE PCR COURT ERRED …
-
njcourts.gov
… kidnapping was an independent crime from the murder and was committed at a different time and in a separate place from … v. ALABAMA, 567 U.S. 460, 471 (2012). SEE ALSO STATE v. COMER, 249 N.J. 359 (2022). THE RESENTENCING COURT SHOULD … Defendant also moved to expand the record with data and studies concerning the impulsive nature of young adults. We …
-
njcourts.gov
… v. KENNETH R. BANKS, a/k/a KEVIN BANKS, RAQUAN BANKS, and EDDIE JOHNSON, Defendant-Appellant. ________________________ … State, including "all 9-1-1 calls, police transmissions, computer aided dispatch ("CAD") recordings, [] transcripts … counsel was ineffective by failing to argue these and other points on direct appeal[]. E. The cumulative errors by …
-
njcourts.gov
… KENNETH SCHRECK, INSTITUTE FOR FORENSIC PSYCHOLOGY, and COMPREHENSIVE PSYCHOLOGICAL SERVICES, P.A., … Salvatore D'Elia III argued the cause for respondent Comprehensive Psychological Services, P.A. (Lewis, Brisbois, … we affirm the summary judgment dismissal of plaintiffs' complaint for the reasons explained in Judge McCloskey's …
-
njcourts.gov
… his right to appeal. In exchange, the State agreed to recommend a twenty-two-year prison term, subject to the No … with Xavier. This is a family that has had several tragedies on their side, and I know that they understand and are … particularly, defendant raises the following point and subpoints for our consideration: POINT I DEFENDANT RECEIVED …
njcourts.gov
… interest." On July 31, 2020, plaintiff filed a verified complaint seeking possession of defendant's stock … a warrant of removal or writ of possession, unspecified compensatory damages, counsel fees and costs. Defendant's … permitted plaintiff to ratify its actions in filing the complaint, and on May 9, 2021, the board passed a resolution …
njcourts.gov
… has explained, "a defendant does not have the right to commit perjury in giving a factual basis for a crime that he insists he did not commit." State v. Taccetta, 200 N.J. 183, 194 (2009). Thus, …
njcourts.gov
… serious injuries"; extensive and repetitive prior record; commitment to incarceration for multiple offenses; violation … In a thorough written decision, the Board upheld the recommendation to deny parole and to impose a twenty- month … This appeal ensued. On appeal, Lang raises the following points for our consideration: POINT I THE . . . BOARD …
njcourts.gov
… more time." Now on appeal, defendant raises the following points for our consideration: POINT I THE AFFIDAVIT IN … bin being located in the rear yard. The issue requires a common sense analysis. See State v. Evers, 175 N.J. 355, 385 … of a search warrant will continue to be examined in a common-sense and not a hypertechnical manner."). No purpose …
njcourts.gov
… the record that [Schomp,] who testified regarding these points[,] was credible and straightforward in presenting … a refusal and, of course, we will require a knowing and competent refusal. The judge found there was probable cause … under the influence of alcohol1 based on: [T]he direct and commonsense observations that were placed into the record. …
njcourts.gov
… A. DEFICIENCY PRONG. 1. Trial Counsel failed to explain the Community Supervision for Life requirement to [d]efendant. … was sentenced to a term of ten years and placed on Community Supervision for Life (CSL). Defendant appealed and … circumstances' because '[a]s time passes, justice becomes more elusive and the necessity for preserving finality …
njcourts.gov
… County Prosecutor, attorney for respondent (Patrick F. Galdieri, II, Assistant Prosecutor, of counsel and on the … well as parole supervision for life, Megan's Law compliance, fines, and restitution. On October 4, 2011, … RENDERED INEFFECTIVE ASSISTANCE OF COUNSEL FOR FAILING TO COMMUNICATE, CONSULT, OR INVESTIGATE, ALL OF WHICH LED TO …
njcourts.gov
… was ineffective in failing to object to a jury charge that combined the drugs found on the buyer and drugs found on the … hearing. On appeal, defendant raises the following points for our consideration: 4 A-0353-18T2 POINT I THE …
njcourts.gov
… sentence. The record shows that on June 27, 2010, defendant committed a robbery while armed with a wrench at the Grain … and rendered an oral decision on April 26, 2019. In its comprehensive oral decision, the PCR court noted that on the …
njcourts.gov
… adequate probable cause to conclude a crime has been committed or is being committed at the place to be searched. Ibid. Warrant-backed … one-half of the overall sentence. We agree with both points. Where aggravating factors only preponderate, and do …
njcourts.gov
… On July 20, 2020, the PCR judge issued an order and accompanying written opinion denying defendant's petition … a hearing. On appeal, defendant raises the following points for our consideration: POINT I THE DEFENDANT'S CLAIMS … defendant's claim is a bald assertion unsupported by any competent evidence. See State v. Cummings, 321 N.J. Super. …
njcourts.gov
… the Chancery Division's June 25, 2021, dismissal of their complaint against defendants Avram and Ariela Frisch for … to consolidate this proceeding with a landlord-tenant complaint defendants filed in the Special Civil Part. See R. … of the lease." "An option to purchase real estate embodied in a lease of that property is a contract for the 'sale …
njcourts.gov
… defendant agreed to plead guilty in exchange for a recommended aggregate sentence of fifteen years' imprisonment … to deviate from one of the plea agreement's 3 A-0279-20 recommendations; namely, that the terms for the firearms … had agreed to concurrent terms for three other counts encompassing crimes that were unrelated to the firearms counts …
njcourts.gov
… Adult Diagnostic Treatment Center, but found not to be a compulsive sex offender within the purview of the Sex … not directly appeal those convictions or sentences. After completing his prison term for the 2011 convictions, defendant was civilly committed to the Adult Diagnostic Treatment Center in …
njcourts.gov
… on his behalf, and how this would have altered the outcome of his trial." Therefore, the judge concluded that … a "probability sufficient to undermine confidence in the outcome" of the proceeding. [State v. O'Neil, 219 N.J. 598, 611 …