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… Submitted May 2, 2018 – Decided July 12, 2018 Before Judges Fuentes and Koblitz. On appeal from Superior … that (i) counsel's assistance was not 'within the range of competence demanded of attorneys in criminal cases'; and … 16, 2016. Rule 1:3-1 provides, in pertinent part: In computing any period of time fixed by rule or court order, …
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… Submitted December 4, 2018 – Decided Before Judges Sabatino and Mitterhoff. On appeal from Superior … 05-05-0490. Joseph E. Krakora, Public Defender, attorney for appellant (Frank M. Gennaro, Designated Counsel; William … pursuant to a plea agreement, to one count of conspiracy to commit possession with intent to distribute a controlled …
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… Submitted August 30, 2018 – Decided Before Judges Rothstadt and DeAlmeida. On appeal from Superior … 4 A-3688-16T2 on the record in an oral decision and in an accompanying eleven-page written statement of reasons dated … attorney failed to advise him of the parole disqualifier component of his plea and to fully explain its consequences. …
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… Submitted June 26, 2018 – Decided October 26, 2018 Before Judges Nugent and Accurso. On appeal from Superior … a block from [defendant's] home, could [defendant] please come get him." Defendant testified that Shipley "wasn't … GLEANED FROM A WEBSITE, AFTER 6 A-4065-16T4 THE DEFENDANT COMPLETED HIS CASE-IN- CHIEF, AND WITHOUT PROVIDING NOTICE …
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… Submitted January 31, 2018 – Decided Before Judges Fuentes, Koblitz and Manahan. On appeal from … in the indictment. In exchange, the State agreed to recommend that the court sentence defendant on the first … Act (NERA), N.J.S.A. 2C:43-7.2. The State also agreed to recommend that the sentences imposed by the court on the …
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… Submitted February 11, 2019 – Decided Before Judges Fasciale and Rose. On appeal from Superior Court … ineffective, the Supreme Court has stated: PCR counsel must communicate with the client, investigate the claims urged by … PCR counsel had not even reviewed the file, based on comments to the court in oral argument that betrayed …
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… Submitted February 28, 2018 – Decided Before Judges Fuentes and Manahan. On appeal from Superior … This appeal followed. Defendant raises the following points on appeal: POINT I THE TRIAL COURT ERRED IN DENYING … PCR judge held, and we agree, that the brother's isolated comments about his personal feelings about defendant did not …
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… Submitted May 22, 2018 – Decided June 22, 2018 Before Judges Fasciale and Moynihan. On appeal from Superior … probability" that the deficient performance affected the outcome. Fritz, 105 N.J. at 58. The array of inadequate … N.J. 339, 380 (2012)). 5 A-5070-16T4 translator" when he completed the plea form. The judge further found that the …
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… Submitted April 24, 2018 – Decided Before Judges Reisner and Gilson. On appeal from Superior … 41, 54 (1997)). Accordingly, a trial judge must deliver "a comprehensible explanation of the questions that the jury … guilty of aggravated criminal sexual contact if he [or she] commits an act of sexual contact with the victim under any …
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… telephonically March 12, 2018 – Decided April 19, 2018 Before Judges Currier and Geiger. On appeal from Superior … of law, we affirm. On June 27, 2015, defendant was issued a complaint-summons for DWI in violation of N.J.S.A. 39:4-50. … judge's legal conclusions. Manalapan Realty, LP v. Twp. Comm. of Manalapan, 140 N.J. 366, 378 (1995). Defendant …
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… Submitted February 15, 2018 – Decided Before Judges Haas and Rothstadt. On appeal from Superior … Indictment No. 13-01-0106. Richard Sparaco, attorney for appellant. Mary Eva Colalillo, Camden County Prosecutor, … "wanted to withdraw the charges." The prosecutor would not comply, and thereafter Flores attended each of defendant's …
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… Submitted January 9, 2018 – Decided Before Judges Sumners and Moynihan. On appeal from Superior … are so manifestly unsupported by or inconsistent with the competent, relevant and reasonably credible evidence as to … we review it de novo. Manalapan Realty, LP v. Twp. Comm. of Manalapan, 140 N.J. 366, 378 (1995). Both parties …
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… Submitted April 29, 2019 – Decided May 9, 2019 Before Judges Sabatino, Mitterhoff and Susswein. On appeal … evaluations with Arnold. Based upon his review, Dr. Lee recommended that adoption by the resource parents was … To the extent we have not commented on any remaining points raised on appeal by defendants, they lack sufficient …
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… Submitted February 12, 2019 – Decided Before Judges Yannotti and Natali. On appeal from Superior … defendant with various offenses arising from burglaries committed on March 25, 1997, a robbery and murder committed on March 30, 1997, and the unlawful possession of …
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… Submitted February 13, 2019 – Decided Before Judges Koblitz, Currier and Mayer. On appeal from … verification of [AA/NA] meetings, sponsor, home group and commitment," and failing to make any payment toward his … defendant offer any excuse for not reporting his ongoing compliance with treatment to the probation department. After …
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… Submitted May 16, 2019 – Decided June 12, 2019 Before Judges Whipple and Firko. On appeal from Superior Court … got a sentence for each disorder. And, again, I have to compare and contrast that to the TASC evaluator's report, … 141 (App. Div. 2011) (quoting Manalapan Realty, LP v. Twp. Comm. of Manalapan, 140 N.J. 366, 378 (1995)). "A trial …
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… Submitted May 15, 2019 – Decided May 29, 2019 Before Judges Accurso and Vernoia. On appeal from the New … and First Indictment was thirteen years. After defendant completed his sentence on the Accusation, he was required to … System, and Inmate Grievance Forms are "utilized to address complaints and/or grievances," and are "used as a second …
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… Submitted February 25, 2019 – Decided Before Judges Gooden Brown and Rose. On appeal from Superior … 1 An "open plea" is a plea "that d[oes] not include a recommendation from the State, nor a prior indication from the … N.J.S.A. 2C:44-1(a)(3) ("[t]he risk that the defendant will commit another offense"); and aggravating factor nine, …
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… Submitted March 26, 2019 – Decided April 5, 2019 Before Judges Fisher and Hoffman. On appeal from the Tax Court … in a telephone conference that went unrecorded. The outcome of that conference was an adjournment to April 11, … R. 2:11-3(e)(1)(E), and affirm, adding only a few brief comments. As noted, plaintiff made no attempt to file an …
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… AVENUE, LLC, Defendants, and B&M ESTATES LIMITED LIABILITY COMPANY, BRENDAN CONHEENEY, and MICHAEL CHERVENAK, … Submitted January 7, 2019 – Decided April 3, 2019 Before Judges Sabatino and Sumners. On appeal from Superior … Inc. entitling it to a two percent cooperating realtor's commission on the sale of a forty-two unit apartment …