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… one previous period of a black-out. Plaintiff presented a complaint for the care and supervision of Martin. Following … and to provide proof of its action. 5 A-0159-15T2 In a compliance review in October 2014, defendant advised that … reliance on G.M., supra, 198 N.J. at 388, is inapposite as, unlike in G.M., Judge Stein conducted a …
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… "poor judgment and impulsive behavior" and that he "would become involved in future crime, regardless of his … and serious in nature and include[d] the loss of commutation time, confinement in detention, and … and had participated in institutional programs. The panel recommended substance abuse, anger management, one-to-one and …
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… ERRED IN RULING THAT J.C. RECEIVED EFFECTIVE ASSISTANCE OF COMPETENT TRIAL COUNSEL. A. The Strickland-Cronic-Fritz … without merit for the reasons set forth in Judge DeLury's comprehensive and convincing written decision. The strategy … defense counsel's actions did not fall below the requisite standard under either prong of the Strickland/Fritz …
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… strategy were insufficient to establish any alleged shortcoming of trial counsel resulted in his conviction or were points that could have been, or were, raised on direct … claims raised by defendant are not the equivalent of the "compelling" constitutional challenge to the Megan's Law …
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… stopped his car in the parking lot of his condominium complex. After speaking with defendant, the officer … Again he swayed, he was moving side to side, could not complete the test, so that to me was a fail. And I did … and defendant's performance on the field sobriety tests "in combination demonstrates there's ample evidence to support a …
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… N.J.S.A. 2C:44-1(a)(3), the risk that defendant will commit another offense; N.J.S.A. 2C:44-1(a)(6), the extent … (slip op. at 22). Defendant remains incarcerated and becomes parole eligible on October 15, 2021. 3 A-0903-20 In … and criminal history. Defendant raises the following points on appeal: POINT I. APPELLANT IS NOT BARRED FROM …
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… samples. It is possible [defendant's] first breath test was completed at 06:44:55D and his second breath test was … TESTING USING AN ALCOTEST 7110 MK III C INSTRUMENT ARE COMPLIANT WITH THE CONDITIONS FOR SCIENTIFIC RELIABILITY … to any special deference." Manalapan Realty, L.P. v. Twp. Comm., 140 N.J. 366, 378 (1995). We agree that it was error …
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… 2C:5-1 and N.J.S.A. 2C:12- 1(b)(1); and conspiracy to commit murder, N.J.S.A. 2C:5-2 and N.J.S.A. … R. 3:22-12 (2015). The concept of excusable neglect encompasses more than simply providing a plausible explanation … not held differently). Therefore, we conclude there are no compelling, extenuating circumstances to excuse the lengthy …
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… sufficient guidance to determine if defendant had the requisite intent to commit the eluding offense. He further contends the court … from such officer to bring the vehicle . . . to a full stop commits a crime of the third degree . . . . This offense …
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… of the various motor vehicle 3 A-2538-18T3 violations committed by defendant." We therefore affirm substantially for the reasons stated in Judge Rodriguez's comprehensive and well-reasoned written opinion issued on June 20, 2018. We add these comments. At the suppression hearing, Officer Luciano Porto …
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… not reiterate them again here, except for the following points that are relevant to the issues presented in the …
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… system and the New Jersey Department of Corrections had accomplished what they were "designed to do," which is "to completely change[] a criminal into a law abiding system and … opinion. R. 2:11-3(e)(2). However, we add the following comments. Defendant filed a motion pursuant to Rule 3:21-10 …
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… police vehicle was equipped with a mobile video recorder, commonly referred to as a "dash cam." Defendant at trial … "articulable and reasonable suspicion" that the driver has committed a motor vehicle offense. Delaware v. Prouse, 440 …
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… security threat group "means a group of inmates possessing common characteristics, interests and goals which serve to … a threat to the safety of the staff, other inmates, the community or causes damage to or destruction of property, or … of the evidence.2 On appeal, appellant raises two points: POINT I: APPELLANT WAS DENIED RIGHTS TO DUE PROCESS …
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… his convictions and sentence. He presents the following points of argument: POINT I THE TRIAL COURT SHOULD HAVE … out the window, saw defendant rummage through the glove compartment of the Nissan, and then get out of the car. … is generally familiar with the value of like articles, is competent to testify as to [her] estimate of the value of …
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… On June 12, 2018, the SWSP Institutional Classification Committee (ICC)2 unanimously denied appellant's request to … in custody status . . . ." N.J.A.C. 10A:9-3.1(a)(3). It is comprised of the administrator of the institution, director … BECAUSE THE EVIDENCE IN THE RECORD IS CONTRARY TO THE COMMITTEE'S ASSERTIONS AND OPINIONS MAKING THE DECISION TO …
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… detected the odor of alcohol emanating from the passenger compartment of the Dodge. Detective Durning was concerned … Durning told his partner he detected the odor of alcohol coming from inside the Dodge, Detective Palach ordered … conducted a warrantless search of the Dodge's passenger compartment. They recovered 360 additional bricks of heroin …
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SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-3018-17T3 STATE OF NEW JERSEY, Plaintiff-Respondent, v. ANTWAN SHANNON, Defendant-Appellant. _________________________ Submitted December 19, 2019 – Decided Before Judges Suter and DeAlmeida. On …
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… lung. Defendant and K.D. were charged with conspiracy to commit aggravated assault, aggravated assaults, and weapons … circumstances' because '[a]s time passes, justice becomes more elusive and the necessity for preserving finality … the timeliness of the petition and defendant must submit competent evidence to satisfy the standards for relaxing the …
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… HIM PARTICULARLY SUSCEPTIBLE TO DEATH OR SERIOUS HEALTH COMPLICATIONS FROM THE VIRUS. 4 A-4105-19T4 A Rule 3:21-10(b)(2) motion "is committed to the sound discretion of the court." State v. … of the sentencing power of the court, involving the same complexity as the sentencing decision and the same delicate …