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- A-3635-15T3 Opinionnjcourts.gov… interrogation; (3) a motion to determine defendant's competency to stand trial and assist in his 1 The State … she was three years old; (5) defendant's pro se motion to compel the Public Defender's Office to remove the Assistant … misconduct; (4) malicious prosecution; and (5) any other points assigned counsel deems relevant. The court assigned …
- A-2644-18T3 Opinionnjcourts.gov… walls . . . . [Appellant and the other inmate] ignored the command and continued to physically assault each other." … arrived and "order[ed] them to the ground." Appellant "complie[d]," but the other inmate "attempt[ed] to kick him" … arguments. 5 A-2644-18T3 On appeal, appellant raises two points: POINT I ALL THE ELEMENTS NECESSARY FOR A CLAIM OF …
- A-4717-17T4 Opinionnjcourts.gov… plea agreement. Pursuant to the plea agreement, the State recommended a five-year term of probation, conditioned upon … the PCR judge conducted an evidentiary hearing and, in a comprehensive written opinion, again denied defendant's …
- A-4421-18T1 Opinionnjcourts.gov… of administrative segregation, a ninety-one day loss of commutation time, and a ninety-one day loss of recreation … the other inmate to stop fighting. They both ignored the command and continued to fight until a response team … to deter fighting. II. Petitioner raises the following points for our consideration: POINT I REQUEST TO VACATE …
- A-0508-19 Opinionnjcourts.gov… before two different panels of the District Fee Arbitration Committee. On August 22, 2017, following a hearing, the … provision for appeals from awards made by fee arbitration committees is contained in R[ule] 1:20A-3(c)." Linker v. Co. … no appeal on the merits from the determination of a Fee Committee." Ibid. "An appeal may be taken by the client or …
- A-1335-19 Opinionnjcourts.gov… ERRED IN FAILING TO FIND THAT THE TRIAL [JUDGE] FAILED TO COMPLY WITH RULE 3:9-1(f) AND RULE 3:9-3(g) WITHOUT AN … circumstances' because '[a]s time passes, justice becomes more elusive and the necessity for preserving finality … "timeliness of the petition" and the defendant must "submit competent evidence to satisfy the standards for relaxing the …
- A-3738-16T2 Opinionnjcourts.gov… her] stand" and, if the party "fails to present all of the points on which he [or she] rests [their] case[,] [the … Law Judge (ALJ) issued an Initial Decision, recommending that the transfer penalty be upheld. Id. at 6-7. … first appeal, M.C. had not exhausted her administrative remedies. 5 M.C. alleges that prior to filing this appeal, she …
- A-2527-17T1 Opinionnjcourts.gov… here. On this appeal, defendant presents the following points of argument: POINT I THE LAW DIVISION ERRED IN … Kelly's thorough oral opinion. We add the following brief comments. When the Law Division conducts a trial de novo on … municipal court judge's detailed credibility findings, was comprehensive and correct. Affirmed. … a2527-17.pdf … …
- A-4475-17T4 Opinionnjcourts.gov… Act, N.J.S.A. 52:4C-1 to -7. Defendants raise the following points on appeal: 3 A-4475-17T4 POINT I THE TRIAL COURT … Hillsdale, 183 N.J. 149, 153 (2005), the plaintiff sought compensation because of alleged common law false arrest and false imprisonment. By way of …
- A-5616-16T3 Opinionnjcourts.gov… a "probability sufficient to undermine confidence in the outcome" of the proceeding. Strickland, 466 U.S. at 694; Fritz, …
- A-0142-16T4 Opinionnjcourts.gov… of discretion. Cannel, New Jersey Criminal Code Annotated, comment 5 on N.J.S.A. 2C:44-1. We find no reason to conclude … disputed he was eligible for an extended term, but rather complained the lengthy term was unjustified. Id. (slip op. … he responded: "Sentences, and any other relief that may come about." In a supplemental verified petition, he argued …
- A-3408-16T3 Opinionnjcourts.gov… that state. Decedent filed an affidavit of service of the complaint relative to petitioner with the court. The … failure to plead or to otherwise respond to the complaint. 3 A-3408-16T3 In November 1987, decedent married … petitioner filed a notice of appeal, raising the following points: POINT I PETITIONER HAS OVERCOME THE PRESUMPTIION OF …
- A-5383-14T4 Opinionnjcourts.gov… factors and the absence of mitigating factors based on competent and reasonably credible evidence in the record. …
- njcourts.gov… (DOC) upholding an adjudication and sanctions for committing prohibited act *.254, "refusing to work, or to … imposed. This appeal followed. Vargas raises the following points for our consideration: POINT I THE HEARING OFFICER … final decision should be affirmed because Vargas' hearing comported with all due process requirements, and substantial …
- A-3165-22 – STATE OF NEW JERSEY VS. NAEEM LIVINGSTON (16-02-0456, ESSEX COUNTY AND STATEWIDE) Opinionnjcourts.gov… offenses in 2014 and 2016 indictments for crimes allegedly committed on January 4, 2014, and September 15, 2015, … the judge denied the motion in a May 3, 2023, order and accompanying written decision. This appeal followed. On appeal, defendant raises the following points for our consideration: 1 We affirmed his convictions …
- njcourts.gov… denied the motion on April 25, 2023, in an order with an accompanying written statement of reasons, stating the … denied the motion for reconsideration in an order and accompanying written statement of reasons. The judge stated he … Appellate 6 A-3380-22 Division found that your sentences complied with [Slater, 198 N.J. at 145]. The court found no …
- njcourts.gov… that the trial court would impose a special sentence of Community Supervision for Life (CSL). On August 21, 1998, … a corrected JOC stating that defendant was "subject to community supervision for life." 3 A-0870-21 On August 10, … 147 N.J. 464, 485 (1997); See also R. 1:3-4. "Absent compelling, extenuating circumstances, the burden of …
- A-0090-21 – STATE OF NEW JERSEY VS. WARREN STEPHENSON (18-11-1168, PASSAIC COUNTY AND STATEWIDE) Opinionnjcourts.gov… out "the affidavit of probable cause attached to the complaint indicates that . . . [the] victims and witness[] … defendant reach a plea agreement in which the prosecutor recommended an aggregate eight-year prison term, given … SHOW-UPS. POINT TWO THE FAILURE OF PLEA COUNSEL TO DEMAND COMPLETE DISCOVERY OF THE OUT-OF- COURT IDENTIFICATIONS …
- STATE OF NEW JERSEY VS. JAMES S. GOYDOS (18-12-1698, MIDDLESEX COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… affidavit to secure a search warrant was "planted" in his computer. The PCR judge denied the petition, finding the … of events was clearer than . . . Shandolow's. He clarified points he was trying to make and came across as truthful." … strength of reasons for withdrawal, the defense argues two points. First, that [defendant's] plea was coerced and …
- STATE OF NEW JERSEY VS. SHANIQUA A. PIERRE (11-02-0440, CAMDEN COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… kidnapping, N.J.S.A. 2C:13-1(b); first-degree conspiracy to commit murder/kidnapping, N.J.S.A. 2C:5-2(a)(1)(2), … this defendant who were sentenced in 2011 for an offense committed when she was [eighteen]-years-old, the New Jersey … WOULD HAVE BEEN LOWER. Defendant contends the PCR judge committed error by finding her petition was time barred …