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- STATE OF NEW JERSEY VS. STEPHEN A. MCMAHON (15-10-0976, MORRIS COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… Supreme Court's admonition in State v. Gandhi, We insist on compliance with judicial orders to promote order and respect for the judicial process. Compliance is required, under pain of penalty, unless and … in the interest of clarity. POINT I THE TRIAL COURT COMMITTED REVERSIBLE ERROR BY FINDING THE ELEMENTS OF THE …
- STATE OF NEW JERSEY VS. XZAVIER D. HAYES (15-03-0309, HUDSON COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… officers "a sufficient basis to believe a crime had been committed," according to the motion judge, who concluded the … TO SHARING. (NOT RAISED BELOW) POINT III. THE TRIAL COURT COMMITTED REVERSIBLE ERROR IN DENYING DEFENSE'S REYES MOTION … WITHIN 500 FEET OF A PUBLIC PARK. POINT IV. THE TRIAL COURT COMMITTED REVERSIBLE ERROR IN DENYING THE DEFENSE'S MOTION …
- njcourts.gov… successfully petitioned the court for defendants civil commitment under the Sexually Violent Predator Act (SVPA), … A-3229-15T4 4 N.J.S.A. 30:4-27.24 to -27.38. In a lengthy, comprehensive opinion, the court found defendant committed four "sexually violent offenses" as defined by …
- STATE OF NEW JERSEY VS. DOUGLAS JOHNSON (08-11-2042, HUDSON COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… COUNSEL IGNORED HIS REQUEST TO INTERVIEW WITNESSES THEREBY "COMPELLING" HIM TO PLEAD GUILTY AND THE STATE DOES NOT FIND … to testify, there is no basis to analyze how the trial outcome would be affected. Ibid. The trial judge rejected … investigated his case, [he] would not have feared the outcome of trial and would not have felt forced to plead guilty …
- njcourts.gov… on February 4, 2010 served defendants with the summons and complaint. Defendants filed an answer to the complaint on March 12, 2010, raising, among other defenses, … not file a pretrial motion seeking dismissal of plaintiff's complaint on such grounds. After discovery was A-3148-10T2 3 …
- A-3148-10 Opinionnjcourts.gov… on February 4, 2010 served defendants with the summons and complaint. Defendants filed an answer to the complaint on March 12, 2010, raising, among other defenses, … not file a pretrial motion seeking dismissal of plaintiff's complaint on such grounds. After discovery was A-3148-10T2 3 …
- A-3212-20 Opinionnjcourts.gov… A. Counsel was Ineffective for Failing to Request an Accomplice Liability Charge. B. Counsel was Ineffective for … the victim's home but did so only with the intent to commit a theft. He claimed he was accompanied by an Atlantic City man he identified only as …
- A-2001-20 Opinionnjcourts.gov… frequently transported in his truck certain four-wheeled computer cabinets, known as "Netshelters," for defendant. … on plaintiff, causing him significant injuries. Plaintiff's complaint attributed the accident to several theories of … of Labor, Occupational Safety & Health Administration compliance checklist confirming that the dock plates were in …
- A-3665-19 Opinionnjcourts.gov… Jersey appeals from an April 17, 2020 order dismissing its complaint seeking declaratory judgment against defendant … the control of any of its departments, boards, agencies or commissions, against liability for damages to property, in … and N.J.S.A. 59:10A-5. The State raises the following points on appeal: POINT I: THE TRIAL COURT'S JUDGMENT SHOULD …
- A-2050-17T1 Opinionnjcourts.gov… County Prosecutor, attorney for respondent (Patrick F. Galdieri, II, Special Deputy Attorney General/Acting Assistant … to his PCR attorney because he 'believed the letter would become available automatically.'" The PCR judge stated that … finding it unbelievable that, "an attorney's written communication to a client, especially on the topic of the …
- A-2016-18T4 Opinionnjcourts.gov… 20, 2014, nearly three years prior to plaintiff filing a complaint for divorce. The agreement provides the parties … coverage for defendant at her expense. The parties communicated only to discuss their children. In 2017, plaintiff filed a complaint in the Family Part seeking to incorporate the PSA …
- A-4799-18T2 Opinionnjcourts.gov… agreed to plead guilty to possession of CDS with a recommendation of four-years' probation. In exchange, the … State would agree to dismiss the remaining charges and recommend a sentence of 364 days in the county jail as a … A-4799-18T2 At sentencing, the judge imposed the sentence recommended by the State in the plea agreement. Defendant was …
- A-4251-16T2 Opinionnjcourts.gov… N.J.S.A. 2C:15-2. Defendant raises the following points on appeal: POINT I DEFENDANT'S CONVICTION FOR … responded to a reported stabbing at a gated apartment complex in Salem City at 9:57 p.m. The first 3 A-4251-16T2 … saw T.B., defendant's friend, running from the apartment complex. T.B. told police that defendant had "carjacked him, …
- A-5190-17T4 Opinionnjcourts.gov… trial, plaintiff Sandra Cignarella2 was awarded $85,000 in compensatory damages against defendant American Pool … At oral argument, plaintiff boiled down her claims to two points, asserting the motion judge: (1) erroneously relied … point headings . . . into as many parts as there are points to be argued." R. 2:6-2(a)(6); see also In re Parlow, …
- A-1975-16T2 Opinionnjcourts.gov… 2018 A-1975-16T2 2 I Plaintiff filed a domestic violence complaint under the PDVA alleging defendant committed an act of domestic violence by harassing him in violation of N.J.S.A. 2C:33-4.1 In his complaint, plaintiff failed to identify the subsection or …
- A-0348-21 – DAISY G. CHAVEZ VS. CARLOS CHAVEZ, ET AL. (DC-010789-20, BERGEN COUNTY AND STATEWIDE) Opinionnjcourts.gov… to vacate the property, Daisy filed a verified 1 Given the common surname, we refer to the parties by their first names … to avoid confusion and intend no disrespect. 3 A-0348-21 complaint for ejectment in the Special Civil Part. On … appeal followed. On appeal, defendant raises the following points for our consideration: POINT ONE THE COURT ABUSED ITS …
- A-3136-17T4 Opinionnjcourts.gov… 1 Defendant asserts that the State's plea offer was communicated after the commencement of the trial. 4 A-3136-17T4 (App. Div. Feb. 16, … written decision and order, and add only the following comments. Defendant's trial counsel's certification, which …
- A-0255-17T2 Opinionnjcourts.gov… Father opposed the motion and cross-moved for an order: (1) compelling Mother to provide proof that she had actually … against child support arrears in limited circumstances. See Diehl v. Diehl, 389 N.J. Super. 443, 449 (App. Div. 2006) (applying …
- A-2070-16T2 Opinionnjcourts.gov… the charges. In defendant's view, evidence of offenses committed against one child were inadmissible character … charging ten crimes that were alleged to have been committed over several months, against different victims, … officer investigated all of the crimes. Ibid. Here, the commonality between the two offenses is self-evident. The …
- A-4081-17T1 Opinionnjcourts.gov… of first-degree robbery and one count of conspiracy to commit robbery. He was sentenced to an aggregate … errors must create a "reasonable probability" that the outcome of the proceedings would have been different than if … at 170). In this instance, defendant has not presented any competent evidence showing, for example, what would have …