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… Defendant then informed the court he read, reviewed, completed, and signed the plea form. The form corroborated … 145 (2009). The PCR judge heard oral argument and issued a comprehensive written opinion denying the petition. He … offenses. 5 A-3094-16T2 Defendant must, in this proceeding, come forward with some factual basis to suggest that he is …
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… newly discovered evidence that would have changed the outcome of trial, and the prosecutor suppressed evidence and … N.J. 391, 419 (2004) (citing Manalapan Realty, L.P. v. Twp. Comm. of Manalapan, 140 N.J. 366, 378 (1995)). The de novo … a trial whose result is reliable." Id. at 687. "The error committed must be so serious as to undermine the court's …
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… stamp with the word "Empire." He testified: [r]ed stamp is commonly used to be put on boxes or bags in reference [to] an indication of heroin. Brown box is commonly known to [him] to contain 600 white [glassine] bags … earlier. It has been consistently held "that a principal component of . . . probable cause . . . 'is a well-grounded …
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… Auto because it has not joined this appeal. 3 A-2959-16T4 complaint seeking repayment on the loan, Linda filed an answer, a counterclaim, and a third-party complaint against Bruce Kerzic – Thrift's president and … full alleged[ ] amount of $105,450.31. Plaintiff accurately points out that neither [d]efendant Auto nor [d]efendant …
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… (count six); second-degree possession of a firearm while committing a CDS crime (guns and drugs), N.J.S.A. … if defendant "did possess a firearm while in the course of committing or attempting to commit a [CDS] crime, that being possession with intent to …
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… and Mawla. On appeal from the New Jersey Civil Service Commission, Docket No. 2015-2246. Stuart J. Alterman argued … (2018). On this appeal, Farlow presents the following points of argument: I. EVEN ASSUMING ARGUENDO THE BONA FIDES … we affirm. We begin by addressing Farlow's first and last points of argument. After reviewing the record, we find no …
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… to the municipal court judge, arrange to pay his fines, and comply with the other terms of his sentence. That did not … exhaustion of his appeal as of right, the judge should have compelled him to comply with the original sentence. Thereafter, the Law …
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… real estate. We affirm both orders. I. The foreclosure complaint filed by Wells Fargo alleged that in June 2003, … described or referred to, and the money due and to become due thereon, with the interest." The assignment was … and her right to cure. Wells Fargo filed a foreclosure complaint on December 21, 2009, which named as defendants …
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… City of Newark, summary judgment and dismissing her complaint with prejudice.1 Plaintiff alleged in her complaint that she fell and injured her arm due to a defect … in Newark on June 6, 2012, and injured her arm. In her complaint, plaintiff 1 Plaintiff's claims against defendants …
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… DIVISION DOCKET NO. A-4228-14T2 IN THE MATTER OF THE CIVIL COMMITMENT OF C.E.G., SVP-452-07. … offense under the SVPA. In response, Judge Phillip M. Freedman ordered the State to file an updated petition for … rape as the predicate offense. On April 24, 2015, Judge Freedman held what he characterized as both a review hearing …
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… v. MEDISPA OF SHREWSBURY LIMITED LIABILITY COMPANY d/b/a MEDISPA AT SHREWSBURRY, MARGUERITE DEFONTE, … DEFONTE, LASER MED SPA MANAGEMENT LIMITED LIABILITY COMPANY, and DR. JAMES AVELLINI, Defendants, and DR. JOSEPH … and remand in part for further proceedings. I Plaintiffs' complaint alleges in May 2012, they each sustained burns …
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… part: An actor is guilty of aggravated sexual assault if he commits an act of sexual penetration with another person … the State agreed to dismiss the remaining counts and recommend an eleven-year term of imprisonment subject to an … plea hearing that he began caring for L.Y. after K.G. died; committed an act of aggravated sexual 4 A-4550-14T1 assault …
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… and on the brief). PER CURIAM Accredited Surety & Casualty Company, Inc. (Accredited or the surety) appeals from a … defendant submit to a psychiatric evaluation, followed by a competency hearing. 2 Big Lou's Bail Bonds (Big Lou's) acted … was sought and then abandoned by the State. Accredited also points to the modification of the warrant, which limited its …
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… manner in which the alleged failure to file a direct appeal comes before us, we must vacate the order under review and … directed counsel to file an appeal and counsel failed to comply. Although decided after the PCR judge's decision … as to the future proceedings depending upon the possible outcomes of the remand proceedings. 1. If the PCR judge finds …
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… Heredia called her and told her to expect a "lawyer" to come to her house to turn over money for his appeal. She was … N.P. identified as "Pop-pop," who told her something was "coming her way" and gave her messages for the "lawyer." N.P. … by the record. As long as the sentence is based on competent credible evidence and fits within the statutory …
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… attempted murder, aggravated assault, conspiracy to commit murder, possession of a weapon for an unlawful … hearing, defendant's trial counsel (counsel) testified his common practice was to speak with a potential alibi witness … this decision, we express no view as to the remand's outcome. Reversed and remanded. We do not retain jurisdiction. …
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… agreement . . . ." Defendant admitted to pleading guilty freely and voluntarily. Defendant claimed his attorney did … did not prove that he had any diminished capacity when he committed the offenses. The court agreed with the State that … all the terms of the plea and was pleading guilty freely and voluntarily. We agree with the PCR court that the …
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… his firearm, and instructed defendant to stop. Defendant complied and immediately raised his hands in the air. … request for a continuance; whether the defendant has other competent counsel prepared to try the case, including the … this prejudice is of a material or substantial nature; the complexity of the case; and other relevant factors which may …
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… N.J. Super. 409, 423 (App. Div. 1989)). "[A] defendant's complete understanding of his right to testify can be … probability" that the deficient performance affected the outcome. Fritz, 105 N.J. at 58. Defendant – other than to say … probability his testimony would have affected the outcome of his trial. We also agree with the PCR judge that the …
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… identified by defendant alleged to be a witness or committing crimes. 3 A-2449-20 Police officers were … her without legal repercussions. Defendant was charged in complaint warrants with criminal mischief, N.J.S.A. … and electronic devices, including a cellphone and a computer. A grand jury subsequently returned Indictment No. …