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… Argued June 8, 2021 – Decided July 8, 2021 Before Judges Fisher, Gilson, and Gummer. On appeal from the … that defendant's jury waiver was knowing, voluntary, and competent. Following the bench trial, the judge found … burden of making "a plain showing that such waiver was not freely and intelligently made." Adams v. United States, 317 …
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njcourts.gov
… Submitted July 19, 2022 – Decided August 11, 2022 Before Judges Mayer and Susswein. On appeal from the Superior … arises from a gang-related armed robbery and felony murder committed in July 2009. In 2012, a jury convicted defendant … street. Defendant ordered D.S. to shoot L.O. if he did not comply. While defendant watched, D.S. approached the …
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njcourts.gov
… cases is limited. R. 1:36-3. 2 A-3625-20 Tonacchio, Spina & Compitello, attorneys for respondent/cross-appellant (Jeremy … each party had equal rights and he was "not going to . . . freeze [plaintiff] out until some point somebody decides the … made the application. Plaintiff raises the following points on appeal: I. THE TRIAL COURT ERRED BY FAILING TO …
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njcourts.gov
… Submitted October 6, 2022 – Decided October 25, 2022 Before Judges Accurso and Firko. On appeal from the Superior … (count six); second-degree possession of a firearm while committing a drug offense, N.J.S.A. 2C:39-4.1(a) (count … the ineffectiveness of trial counsel in the following three points: POINT I [DEFENDANT] WAS DENIED THE EFFECTIVE …
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njcourts.gov
… Submitted October 6, 2022 – Decided October 25, 2022 Before Judges Accurso and Firko. On appeal from the Superior … (count six); second-degree possession of a firearm while committing a drug offense, N.J.S.A. 2C:39-4.1(a) (count … the ineffectiveness of trial counsel in the following three points: POINT I [DEFENDANT] WAS DENIED THE EFFECTIVE …
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njcourts.gov
… TULAMELLO, KEVIN HOARN, US BANK, NA, AS LEGAL TITLE TRUSTEE FOR TRUMAN 2013 SC4 TITLE TRUST, Defendants. … Rose Taylor, appeals the summary judgment dismissal of her complaint, which alleged defendant Township of Ewing failed … ensuing order. Plaintiff presents the following argument points for our consideration: POINT I MOTION JUDGE COMMITTED …
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njcourts.gov
… Submitted December 5, 2018 – Decided Before Judges Fuentes and Accurso. On appeal from the Superior … argues plaintiff failed to prove, by a preponderance of the competent evidence, that he committed the predicate act of simple assault against …
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njcourts.gov
… _______________________ Argued October 28, 2020 – Decided Before Judges Vernoia and Enright. On appeal from the Superior … D. Zacche appeals from the June 27, 2019 Law Division order compelling the forfeiture of his retirement pension in … clear beyond a reasonable doubt." Harvey v. Bd. of Chosen Freeholders, 30 N.J. 381, 388, (1959) (citing Gangemi v. …
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njcourts.gov
… Argued May 13, 2019 – Decided May 29, 2019 Before Judges Fasciale and Rose. On appeal from Superior Court … appeals from her refusal conviction, raising the following points for our consideration: POINT I SINCE THE DEFENDANT … 157 N.J. 463, 471-72 (1999). The rule of deference is more compelling where, as here, the municipal and Law Division …
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njcourts.gov
… Argued June 4, 2019 – Decided June 20, 2019 Before Judges Fasciale and Rose. On appeal from Superior Court … into the whereabouts of [defendant], the search was commenced after marijuana was found and Ms. Cooper consented … and Burgos was lawful. Defendant does not contest those points on appeal. 8 A-0715-17T4 roadside and police station. …
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njcourts.gov
… Submitted April 5, 2017 – Decided Before Judges Alvarez and Lisa. On appeal from Superior Court … hearing, Judge Charles Middlesworth, Jr. issued a comprehensive Memorandum of Decision on September 11, 2009, … assent of both parties. 9 A-0957-15T3 Defendant further points out that, at the time of his sentencing, he indicated …
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njcourts.gov
… Submitted January 9, 2018 – Decided Before Judges Yannotti and Mawla. On appeal from Superior … a bank teller. Defendant testified he attempted to commit a robbery of the bank using a handgun to threaten and ultimately force the bank teller to comply with his demand. Defendant admitted to being at a …
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njcourts.gov
… B.L. THOMAS, BARRY THOMAS, BARRY L. THOMAS, BARRY NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … Township police officers responded to a suspicious person complaint regarding a private residence December 22, 2017 3 … THE CRIMES CHARGED. Further, defendant raises the following points in response to the State's brief: POINT I THE …
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njcourts.gov
… Argued November 30, 2017 – Decided Before Judges Haas and Rothstadt. On appeal from Superior … to their car. Ibid. At that point, defendant and two of his companions stopped the victims. Ibid. Defendant again took … We add the following comments. As defendant correctly points out, a request to correct an illegal sentence can be …
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njcourts.gov
… Submitted December 21, 2017 – Decided Before Judges Rothstadt and Gooden Brown. On appeal from … under the plea agreement.1 1 Four of the indictments encompassed multiple counts, and two included first-degree … determining that defendant was entering the guilty pleas "freely and voluntarily," was not promised anything other …
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njcourts.gov
… DIVISION DOCKET NO. A-5509-18T5 IN THE MATTER OF THE CIVIL COMMITMENT OF P.P., SVP-711-15. _______________________ … Submitted October 19, 2020 – Decided February 1, 2021 Before Judges Hoffman and Smith. On appeal from the Superior … and this appeal followed. II. On appeal P.P. raises two points for our consideration. POINT ONE THE TRIAL COURT …
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njcourts.gov
… Argued June 8, 2021 – Decided July 8, 2021 Before Judges Fisher, Gilson, and Gummer. On appeal from the … that defendant's jury waiver was knowing, voluntary, and competent. Following the bench trial, the judge found … burden of making "a plain showing that such waiver was not freely and intelligently made." Adams v. United States, 317 …
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njcourts.gov
… Submitted November 14, 2019 – Decided Before Judges Mayer and Enright. On appeal from the Superior … not excused by his alleged lack of knowledge about the outcome of his direct appeal. Moreover, she concluded that … on Rule 3:22-12(a) to deny his PCR petition. Turning to Points II and III, we conclude the record amply supports …
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njcourts.gov
… Submitted October 30, 2018 – Decided Before Judges Suter and Firko. On appeal from Superior Court … he was incarcerated, which resulted in elimination of the community service requirement and dismissal of one of the … point headings for our consideration: POINT I THE COURT COMMITTED HARMFUL ERROR IN RULING THAT THE FACTUAL BASIS FOR …
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njcourts.gov
… Submitted March 8, 2018 – Decided Before Judges Simonelli and Haas. On appeal from Superior … and asked him to place his hands on his head. Defendant complied. Matos then went around to defendant's back and saw … pocket. Matos told defendant not to move, and defendant complied. Matos then secured the baggie, which was later …