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- A-3030-15T1 Opinionnjcourts.gov… against" defendant in exchange for the State's recommendation that he receive a time-served sentence. The … the building through holes he made in windows, and other points of entry and egress in the building, so he could "get … to a fair trial, 'erroneous instructions on material points are presumed to' possess the capacity to unfairly …
- A-3641-18T1 Opinionnjcourts.gov… contrary to N.J.S.A. 2C:15-1; one count of conspiracy to commit robbery, contrary to N.J.S.A. 2C:5- 2 and 2C:15-1; … the garage and observed M.S. lying on the ground with blood coming out of his nose. The two men standing over M.S. … appeal, defendant limited his arguments to the following points: POINT I THE COURT'S FAILURE TO PROVIDE THE JURY WITH …
- A-2366-15T1 Opinionnjcourts.gov… BERKLEY RISK SOLUTIONS, LLC, and ADMIRAL INSURANCE COMPANY, Plaintiffs-Respondents, v. INDUSTRIAL … RE-INTERNATIONAL, INC., a/k/a INDUSTRIAL RE, and RENE GUTIERREZ, Defendants-Appellants. … of these arguments and affirm. II. The arguments raised in Points II and IV merit only the following limited …
- njcourts.gov… DIVISION DOCKET NO. A-0039-22 IN THE MATTER OF THE CIVIL COMMITMENT OF T.W., SVP 154-01. ____________________________ … to ten years of incarceration. While in prison, he committed many institutional infractions between 1995 and … He was transferred to the STU in 2001 and later that year committed there pursuant to the Sexually Violent Predator …
- A-36-24 Respondent Reply Amicus Brief Briefsnjcourts.gov… 08543 Phone: (609) 924-0808 Email: cmelcher@hillwallack.com Attorneys for Defendants/Respondents, Upper Freehold … 8 THE “AIDED-BY-AGENCY” DOCTRINE DOES NOT APPLY AND A NEW COMMON LAW STANDARD OF LIABILITY FOR SEXUAL ABUSE CASES IS … entities, nor did it alter N.J.S.A. 59:2-2(a), which embodies the generally accepted liability standard for vicarious …
- njcourts.gov… statements were admitted, and the prosecutor made improper comments during his closing argument. Defendant argues he … the victim reappeared clutching his face. This evidence, combined with information from additional witness interviews … authentication for admissibility purposes. The video comes in. Officer Faltz testified he had been dispatched to …
- A-1732-22 – STATE OF NEW JERSEY VS. SEAN D. HARRIS (09-12-2438, MONMOUTH COUNTY AND STATEWIDE) Opinionnjcourts.gov… concert and never returned to the apartment. Williams' decomposed body was found five days later in a Neptune park by … appealed his conviction and sentence, raising five points: the prosecutor's comments in summation exceeded the … 494 (2004)). 9 A-1732-22 II. Defendant raises the following points on appeal: POINT I THE PCR COURT ERRED IN ORDERING …
- A-2248-22 – STATE OF NEW JERSEY VS. ARTESTE J. RUFFIN (18-08-0682, GLOUCESTER COUNTY AND STATEWIDE) Opinionnjcourts.gov… defendant was convicted of third-degree conspiracy to commit aggravated assault, attempting to cause significant … twin brother, Archie, by their first names because of their common surname. No disrespect is intended. The Hickox twins … defendant for three crimes: third- degree conspiracy to commit aggravated assault, attempting to cause significant …
- A-2487-22 – STATE OF NEW JERSEY VS. MELITON ALVAREZ (21-03-0236, ATLANTIC COUNTY AND STATEWIDE) Opinionnjcourts.gov… at the time. On appeal, defendant raises the following points for our consideration: POINT I BECAUSE ANY ALLEGED … that the man, later identified as Albin Griffin-Brea, was accompanied by another patron, later identified as defendant. … Spanish, and Devine had received "minimal training when it comes to speaking Spanish." The police "talked to . . . …
- njcourts.gov… 1 NOT TO BE PUBLISHED WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS SUPERIOR COURT OF NEW JERSEY CHANCERY … subsequently increase the interest rate by 5.00 percentage points. To secure the Note, Defendant executed to Romspen a … is a genuine issue for trial. If the non-moving party “points only to disputed issues of fact that are of an …
- njcourts.gov… stepfather. After defendant's cell phone was seized, a Communications Data Warrant (CDW) was issued authorizing law … law enforcement. On appeal, the State raises the following points for our consideration: POINT I THIS ISSUE IS NOT RIPE … may be contained on J.C.'s school laptop, J.C. was asked to come to SVU with her laptop for a third interview. During …
- STATE OF NEW JERSEY VS. JOHN WESLEY POTEAT (96-10-0575, CAPE MAY COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… as untimely. 4 A-3280-21 illegal because of its severity as compared to lesser sentences statutorily authorized for his … (App. Div. June 15, 2015)]. In his written decision that accompanied the May 27, 2022 order denying defendant's present … written opinion. R. 2:11-3(e)(2). We add only the following comments. Rule 3:22-4(b) places strict limitations on second …
- STATE OF NEW JERSEY VS. WAYNE GREENE (09-09-0799, UNION COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… forth in Rule 3:22. Second or subsequent PCR petitions must comply with the requirements of Rules 3:22-4(b) and …
- njcourts.gov… detailed at length in Judge Kirsch's well-reasoned and comprehensive written opinion. Affirmed. … STATE OF NEW …
- njcourts.gov… was entitled to an evidentiary hearing as to whether the outcome of the trial would have been different had counsel not … petition. Defendant now appeals, raising the following points for our consideration: POINT I THE [PCR] COURT ERRED … testimony did little to convince the [c]ourt that the outcome of the trial would have been different, the manner of …
- STATE OF NEW JERSEY VS. IBRAHIM S. DAO (03-02-0542, CAMDEN COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… Judge Michele M. Fox heard oral argument, and then placed a comprehensive oral decision on the record. The judge … This appeal followed. Defendant presents the following points of argument: POINT I THE PCR COURT SHOULD HAVE HELD … in Judge Fox's cogent oral opinion. We add the following comments. II "A petitioner must establish the right to …
- STATE OF NEW JERSEY VS. BASSEM Z. BESHAY (MA-2019-006, ESSEX COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… 2C:18-3(b), which states: "Defiant trespasser. A person commits a petty disorderly persons offense if, knowing that … as to which notice against trespass is given by: (1) Actual communication to the actor." A Newark Municipal Court judge, … warnings. On this appeal, defendant raises the following points: POINT ONE – THE COURT SHOULD REVERSE THE [TRIAL …
- STATE OF NEW JERSEY VS. JAMES L. MILLER (13-05-1564, CAMDEN COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… to dismiss the remaining charges in the indictment and recommend the court sentence defendant to a term of … under the influence of PCP (phencyclidine) at the time he committed the crime. Counsel argued that the Judge Blue … [on] for years" were self-serving and uncorroborated by any competent evidence. Judge Blue ultimately concluded that …
- STATE OF NEW JERSEY VS. JARED A. HENRY (12-02-0460, OCEAN COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… of a child, N.J.S.A. 2C:24-4(a), in exchange for a recommended sentence of parole supervision for life (PSL) and compliance with the requirements of Megan's Law, N.J.S.A. …
- STATE OF NEW JERSEY VS. ADONIS SEPULVEDA (14-12-1883, BERGEN COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… pled guilty to kidnapping and robbery. The State recommended an aggregate of eighteen years' imprisonment, … affidavit. Now on appeal, defendant raises the following points: POINT I THE PCR COURT ERRED IN RULING THAT THE CLAIM … reasonable probability must "undermine confidence in the outcome." Pierre, 223 N.J. at 583 (quoting Strickland, 466 U.S. …