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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… avoid the mandatory period of incarceration and instead recommend a sentence of probation. At his October 26, 2007 … defendant to two years of probation with fifty hours of community service, and the forfeiture of the $15,146 found …
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njcourts.gov
… guilty plea to second-degree robbery, the State would recommend a sentence of ten years with an eighty-five percent … who was in custody. In a June 25, 2020 order and accompanying written decision, the PCR judge denied … is reliable." Strickland, 466 U.S. at 687. "The error committed must be so serious as to undermine the court's 7 …
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njcourts.gov
… In 1983, HRBE manufactured and sold a slitter machine to a company in California. This machine was ultimately re-sold to a company in New Jersey—Englert, Inc. (Englert)—and allegedly … entered into an Asset Purchase Agreement with HRBE, and the combined companies changed their name to Braner USA, Inc. …
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njcourts.gov
… kidnapping with the understanding that the State would recommend an eighteen-year term, subject to NERA. The court … but can vacate such a sentence if it fails to 8 A-1331-19 comply with sentencing standards. See State v. Fuentes, 217 …
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njcourts.gov
… 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 …
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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… Act, 42 U.S.C. §§ 12101 to 12213, along the nineteen access points. In December 2012, the Borough Council presented its … rather, the beach can only be accessed at select access points that have stairs and ramps for patrons to use to walk … requires the motion judge to consider whether the competent evidential materials presented, when viewed in the …
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njcourts.gov
… 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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njcourts.gov
… appeals his conviction for second- degree robbery as an accomplice, N.J.S.A. 2C:15-1(a)(1) and 2C:2- 6(a) (count one, … credited the testimony of both Hewitt and the detective who compiled the array, and determined Hewitt's prior encounters … sequentially versus simultaneously; (7) whether a composite sketch was used; (8) whether the procedure was a show- …
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njcourts.gov
… (App. Div. Nov. 20, 2014) (slip op. at 5-6). Chavez complained to the management, and defendant left the bar. … extensive supplemental briefs elaborating on some of those points and raising several other issues. Id. at 12-14. We … to the jury charge. Judge DeLury denied the petition in a comprehensive thirty-three page opinion, which addressed …
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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… court sentenced defendant to probation and placed him on Community Supervision for Life (CSL) under Megan's Law, … He also never appealed from the Board's final 1 "CSL is a component of the Violent Predator Incapacitation Act, which is also a component of a series of laws, enacted in 1994, commonly …
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njcourts.gov
… alleging the judge who issued the warrant was biased, to compel the State to divulge the identity of the CI, for a … his reply brief, defendant raises the following additional points: 1 198 N.J. 145 (2007). 2 No. A-4208-15 (App. Div. … Strickland, 466 U.S. at 687). The "defendant must overcome a strong presumption that counsel rendered reasonable …
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njcourts.gov
… STATE OF NEW JERSEY, Plaintiff-Respondent, v. JALONN LASSITER, Defendant-Appellant. ____________________________ … Jury indicted defendant for second-degree conspiracy to commit second-degree burglary, N.J.S.A. 2C:5- 2, 2C:18-2; … This appeal followed, with defendant raising the following points of argument: POINT I IN THE INTEREST OF JUSTICE, …
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njcourts.gov
… 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 …