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… opinion of Judge William A. Daniel. We add only a few comments. The underlying facts are detailed in our April … ineffective in failing to object to certain comments made by the prosecutor in closing arguments to the … of the police officers was inconsistent on certain points. The prosecutor was simply offering a benign reason …
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… a multi-count indictment with second-degree conspiracy to commit robbery, contrary to N.J.S.A. 2C:5-2 (count one); … dismissed. 2 An open plea includes neither "a recommendation from the State, nor a prior indication from the … filed the motion. On appeal, defendant raises the following points: POINT I THE PCR COURT ERRED BY DENYING DEFENDANT'S …
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… DOCKET NO. A-1897-18T4 ALLSTATE NEW JERSEY INSURANCE COMPANY, ALLSTATE INDEMNITY COMPANY, ALLSTATE NEW JERSEY PROPERTY AND CASUALTY INSURANCE COMPANY, ALLSTATE INSURANCE COMPANY, ENCOMPASS INSURANCE …
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… for the reasons expressed in Judge James J. McGann's comprehensive oral opinion of February 15, 2019. In 2010, … and second-degree possession of a firearm in the course of committing a drug offense, N.J.S.A. 2C:39-4.la (count … to suppress evidence seized by police pursuant to several Communication Data Warrants (CDWs) and wiretap …
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… hearing. On appeal, defendant raises the following points for our consideration: POINT ONE [DEFENDANT] IS … health issues "could amount to excusable neglect to overcome the time bar." Following argument on November 30, 2017, Judge Regina Caulfield2 issued a comprehensive oral decision, spanning twenty-eight …
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… possession of a weapon for an unlawful purpose. 3 The FET commenced on Vasquez's parole eligibility date of March 3, 2018, and it will be reduced by commutation, work, and minimum custody credits. Accordingly, … criminal behavior. On appeal, Vasquez raises the following points for our consideration: POINT I: THE PAROLE BOARD'S …
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… twenty-year sentence he was serving in Pennsylvania. He becomes parole eligible on November 6, 2026. Defendant moved … to a rehabilitation or treatment center. For the sake of completeness, the motion judge also considered whether … 1985). This appeal followed. Defendant raises the following points on appeal: POINT I BECAUSE RULE 3:21-10(B)(2) …
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… ineffective assistance of counsel for failing to present a complete defense." Defendant also submitted a pro se … opinion, R. 2:11-3(e)(2), adding only the following brief comments about Point II. Defendant argues that both his … pending defendant's exhaustion of any remaining state remedies. See Singleton v. Johnson, 2018 U.S. Dist. LEXIS 4140 …
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… on February 7, 2018, an Essex County probation officer recommended defendant as an appropriate candidate. On March … the judge concluded the prosecutor gave a thorough and complete review of defendant's application and background, … undergo psychological testing, perform 190 hours of community service and continue with outpatient drug …
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… of loss of recreation privileges, and ten days of loss of commutation time. Venable immediately appealed the decision. … a hearing before a neutral hearing officer or adjustment committee, the right to present witnesses and evidence, and … an agency's expertise. See Murray v. State Health Benefits Comm'n, 337 N.J. Super. 435, 442 (App. Div. 2001) ("[W]here …
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… Gibson argued the cause for appellant (Law Offices of Viscomi & Lyons, attorneys; Colin Gibson, on the briefs). Gregg … CAT scan and x-rays were taken. At the hospital, plaintiff complained of pain in his back, both shoulders and elbows, … chose not to pursue. In December 2017, plaintiff filed a complaint in the Law Division alleging negligence against …
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… to J.B.-G., one of those individuals wore a blue hoodie and had a knife which he used to demand money. J.B.-G. … told an officer he recognized the man in the blue hoodie as "Qua" and showed the officer a picture of defendant … Showups often occur at the scene of a crime soon after its commission." Henderson, 208 N.J. at 259. As that language …
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… In return for her guilty plea, the State agreed to recommend that the judge sentence defendant to five years in … court to consider "[t]he risk that the defendant will commit another offense[.]" N.J.S.A. 2C:44-1(a)(3). "A … In light of this determination, we need only briefly comment upon defendant's argument that N.J.S.A. …
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… been the result of a stay of proceedings to await the outcome in State v. Gaitain, 209 N.J. 339 (2012). 5 A-0035-20 … substantially for the reasons expressed in the thorough and comprehensive written opinion of Judge Ryan. We add only the following brief comments. Rule 3:22-4(b) requires that a second or …
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… affirm. The procedural history in this case mandates the outcome. On May 1, 2019, plaintiff filed a complaint against defendants, alleging the breach of a … taxes, utilities, and maintenance on the property. The complaint was served on the corporation on May 3, 2019, and …
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… LLC's motion for summary judgment, and dismissing her complaint alleging legal malpractice. The court found … not represent plaintiff in the action she referenced in her complaint. Defendants have filed a cross-appeal asserting the trial court could have also dismissed the complaint on three alternate grounds. We affirm. The parties …
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… which would establish he could not have abused the victim; completely evaluate or impeach the evidence; and introduce … 219 N.J. 298, 312 (2014) (finding PCR petitions must be "accompanied by an affidavit or certification by defendant, or … during which he reviewed the timeline for the alleged commission of the crimes. The court stated counsel "placed a …
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… N.J.S.A. 2C:20-11(c)(2), should not be interpreted to encompass sales tax. Based on our review of the record and the … merchandise exceeding $500. Defendant raises the following points on appeal: POINT I AS THIS COURT PREVIOUSLY HELD AS A … GRADATION STATUTE, N.J.S.A. 2C:20-11(c), DOES NOT ENCOMPASS SALES TAX. THE TRIAL COURT MUST THEREFORE AMEND THE …
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… State's expert and his own expert agreed that defendant was competent to stand trial on the charges. On the first day of … of a child. In return for his plea, the State agreed to recommend that the judge give defendant a suspended sentence, … (PSL) pursuant to N.J.S.A. 2C:43-6.4, and required to comply with all Megan's Law registration and reporting …
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… suspicion that an offense . . . has been or is being committed." State v. Carty, 170 N.J. 632, 639- 40 (citing … that defendant was attempting to hide as a handgun and communicated that observation to his partner. The elements …