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… Presley to keep his hands in plain view. Presley initially complied, but again moved his hands as Scally spoke with the … guarantee to New Jersey's citizens "[t]he right to walk freely on the streets of a city without fear of an arbitrary … remains a critical "balance to be struck between individual freedom from police interference and the legitimate and …
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… Tribunal that because Chando's new employment with Genesis commenced eleven days after her voluntary resignation from … permitting a claimant to avoid disqualification if she commences her new job within seven days of resigning the … to such work" under N.J.S.A. 43:21-5. Taking Chando's points in inverse order, we have no hesitation in concluding …
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… three); second-degree possession of a firearm during the commission of a drug offense, N.J.S.A. 2C:39-4.1(a) (count … handgun were both operable. The manager of the apartment complex said that defendant was not a tenant on the lease, … a "probability sufficient to undermine confidence in the outcome" of the proceeding. Ibid. III. Defendant argues he was …
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… in detail, the MCJ found Chukwunyere's testimony to be "compellingly credible, believable, and truthful." The MCJ … factors three, N.J.S.A. 2C:44-1(a)(3) (risk defendant will commit another offense), six, N.J.S.A. 2C:44-1(a)(6) (prior … defendant to a 120-day county jail term, required him to complete an intensive anger management program while …
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… Daniel Rizzo appeals from an August 22, 2017 order compelling arbitration of his discrimination claims and … use in other cases is limited. R. 1:36-3. 2 A-0554-17T2 his complaint with prejudice. For the following reasons, we … appeal followed. On appeal, plaintiff raises the following points: POINT I THE TRIAL COURT ERRED IN RULING THAT NEW …
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… counts. Pursuant to the plea agreement, the State recommended a fifteen-year sentence for counts one and two, … in Judge Podolnick's written opinion. We amplify only a few points. Defendant's contention that his trial counsel was … transcript shows that counsel highlighted several points of arguable mitigation. These included: defendant's …
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… ISSUE, THE REAL PROBLEM BEFORE THE PCR COURT WAS THE COMPLETE LACK OF COUNSEL AS TO THIS ISSUE ON DIRECT APPEAL. … errors created more than a "conceivable effect on the outcome of the proceeding." Strickland, 466 U.S. at 694. … him of a fair trial. Nor did defendant establish the outcome of the trials would have differed if counsel raised …
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… resolution by the New Jersey State Agriculture Development Committee, Resolution No. FY2015R12(2). Daniel L. Schmutter … were allocated to the Warren County Board of Chosen Freeholders by the Board of Trustees of the New Jersey … . . 9 A-4379-14T1 On appeal, appellants raise the following points of error: ALL OF THE EVIDENCE IN THE RECORD SUPPORTS …
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… the State agreed to dismiss the remaining counts and recommend a sentence of up to twenty-five years of … show "(i) counsel's assistance was not 'within the range of competence demanded of attorneys in criminal cases'; and … 9 A-3605-15T1 diminished capacity and insanity. Defendant points to several facts in support of these arguments, …
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… based on some knowledge, not a guess. Moreover, the comment followed a discussion with Ganci regarding Ganci's … specifically to address "unreasonable intrusions when it comes to suspicionless consent searches following valid …
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… new trial, arguing that the prosecutor made improper comments in both his opening statement and closing argument. … charged in the indictment with second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2, N.J.S.A. 2C:15- 1(b); four … an aggregate prison term of eighteen years, with the requisite period of parole ineligibility. At trial, the State …
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… action in which the attorney sought, among other things, to compel the sale of the former marital home to satisfy her … asserting a cause of action for divorce; Diggs filed a complaint and Mills a counterclaim. A-2153-14T1 3 We derive … home for sale, taking into consideration the realtor's recommendations for both the listing and ultimate sales price. …
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… charged in an indictment with: first-degree conspiracy to commit murder; first-degree murder; first-degree felony … letters and had phone conversations. Bernadette also visited Anthony in prison and became involved in his prison … parole ineligibility. IV. Defendant presents the following points for our consideration on appeal: 9 A-2045-13T2 POINT …
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… the denial of his admission to PTI. The State agreed to recommend a non-custodial sentence and the imposition of a … 2014 clarification of a 2008 Directive regarding offenses committed by out-of-state visitors from states where their … REVERSAL IS REQUIRED BECAUSE DEFENSE COUNSEL'S FAILURE TO COMMUNICATE WITH HIS CLIENT WAS PER SE INEFFECTIVE …
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… on November 13, 1998, in accordance with the State's recommended plea offer to an aggregate three-year State prison … running concurrent to each other. He was also sentenced to comply with Megan's Law, N.J.S.A. 2C:7-1 to -23, and to … the forms to him; understood the forms; signed them freely and voluntarily. The record also supports that …
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… II: THE JURY INSTRUCTION ON ARMED ROBBERY WAS CONFUSING, INCOMPLETE, AND INCORRECT; MOREOVER, THE CORRECTED 3 … out of the bank, to lock the door right away. Defendant commenced pulling on the locked inner doors that separated … offenses of robbery; (2) provided a "confusing" and "incomplete" charge on armed robbery, prejudicing defendant's …
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… the Ex Post Facto Clause. Defendant presents the following points for our consideration: POINT I: THE TRIAL COURT ERRED … vehicular homicide charge was enacted after defendant committed his second-degree offense. In determining whether … enactment' or 'if it changes the legal consequences of acts completed before its effective date. '" Riley v. N.J. State …
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… Caulfield heard oral argument on the petition, she issued a comprehensive written decision on February 12, 2019, denying … observed, for example, that when defendant's trial counsel commenced cross-examination of one particular witness, … strategy is clearly within the presumptive discretion of competent trial counsel. See State v. Coruzzi, 189 N.J. …
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… v. ALLSTATE NEW JERSEY PROPERTY & CASUALTY INSURANCE COMPANY, Defendant-Respondent. Argued February 1, 2021 – … defendant Allstate New Jersey Property & Casualty Insurance Company following a three-day jury trial. We affirm. We … surgeon, who sent plaintiff for MRI scans and an EMG, and recommended physical therapy. Plaintiff testified she …
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… P.G.'s child support. The remainder of the payments are deposited into a bank account in P.G.'s name. P.G. was … namely, "'[t]he defendant's right to have the plaintiff comply 9 A-3331-18T1 with procedural rules[, which] … to four months because "prison doctors found he had become catatonic." According to P.G., B.G.'s prison visits …