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- njcourts.gov… wallet and left the residence. Nineteen years old when he committed the crimes, defendant was sentenced to an … provision for juvenile offenders pursuant to State v. Comer, 249 N.J. 359 (2022). On November 2, 2022, the motion … matters, issued an order denying relief. In his accompanying written decision, the judge thoroughly addressed …
- njcourts.gov… L. Zegas and Joshua M. Nahum, on the briefs). Patrick F. Galdieri, II, Assistant Prosecutor, argued the cause for … N.J.S.A. 2C:14-2(b). In exchange, the State agreed to recommend a seven-year prison term, subject to the No Early … him. In his merits brief, defendant raises the following points for our consideration: POINT I THE STATE MUST BE …
- njcourts.gov… the reasons articulated in the judge's well-reasoned and comprehensive oral opinion. Price claimed on May 10, 2018 … bears the burden of establishing those elements, 'by some competent proof[.]'" Ibid. (citation omitted). "Where[] . . … by an efficient intervening cause, produces the [injury] complained of and without which the [injury] would not have …
- njcourts.gov… the construction correcting the violation and made an accommodation request to the township. He sought an air … to represent himself, filed a one- count Law Division complaint alleging defendants violated his rights under 42 … the trial court wrongfully considered "the defenses and points of law arguments before the municipal court with this …
- A-3519-20 - STATE OF NEW JERSEY VS. ERIC A. BURNHAM (21-02-0181, MIDDLESEX COUNTY AND STATEWIDE) Opinionnjcourts.gov… 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 …
- njcourts.gov… PCR counsel. According to defendant, PCR counsel failed to comply with Rule 3:22-6(d) by advancing PCR arguments … your petition, the services of the Appellate Section have come to an end. On January 27, 2021, defendant sent a letter … our Supreme Court stated: 6 A-2012-21 PCR counsel must communicate with the client, investigate the claims urged by …
- A-3471-21 - DAVID GOYCO VS. PROGRESSIVE INSURANCE COMPANY (L-0472-22, UNION COUNTY AND STATEWIDE) Opinionnjcourts.gov… DAVID GOYCO, Plaintiff-Appellant, v. PROGRESSIVE INSURANCE COMPANY, Defendant-Respondent. ____________________________ … (PIP) benefits by defendant, Progressive Insurance Company. We affirm, substantially for the reasons set forth … rails and tracks." On February 15, 2022, plaintiff filed a complaint and order to show cause to challenge the denial. …
- STATE OF NEW JERSEY VS. JONATHAN JAMES (12-09-0683, UNION COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… Alzate] were standing on a sidewalk in front of a housing complex in Elizabeth. Orlando, who Antonio knew, approached, … as Antonio testified Davila was also wearing a black hoodie. In essence, the judge concluded defendant's counsel's … 91, 101 (1955)). With respect to defendant's arguments in points I-III, we reject all of them and affirm for the …
- STATE OF NEW JERSEY VS. JOHN J. CANTALUPO (13-07-1772, OCEAN COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… in July 2013. On July 25, 2013, the State offered to recommend probation with 364 days in jail, in return for … State rejected. On January 29, 2016, he filed a motion to compel the conditional plea over the State's objection, … 2017. This appeal followed. Defendant raises the following points: POINT I – THE LAW DIVISION ERRED IN DENYING THE …
- STATE OF NEW JERSEY VS. DEVON STOUT (17-10-1463, MONMOUTH COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… V A REMAND IS REQUIRED IN VIEW OF ERRORS THE TRIAL COURT COMMITTED IN IMPOSING SENTENCE.2 We are unpersuaded by these … serpentine chase to defendant, "repeatedly shout[ing] out commands to . . . defendant, by name, . . . directing him to … that [the judge] should not be reversed for an error committed at the instance of [the] party alleging it." State …
- STATE OF NEW JERSEY VS. RESHAUN K. HENRY (17-11-1489, BERGEN COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… on his experience, about the street value of marijuana and common packing techniques. Specifically, Sgt. Hornstra … fair trial was violated by the assistant prosecutor at two points during the trial. First, defendant claims the … disregard the testimony as soon as the jury was recalled: Ladies and gentlemen, I am sustaining the objection to the …
- STATE OF NEW JERSEY VS. ANDRE GREEN (15-06-0488, PASSAIC COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… under our review. On appeal, defendant raises the following points for our consideration: POINT I IT WAS REVERSIBLE … remained for about fifteen minutes until she heard gunshots coming from the direction of the bar. The State played the … with a friend. Soon thereafter, Clyburn heard the gunshots coming from the bar and ran back up the street towards the …
- njcourts.gov… granting summary judgment dismissal of her civil rights complaint to defendants Hazlet Township, Hazlet Township … Township Police Officer, Charleigh Logothetis.1 Plaintiff's complaint stemmed from a frisk conducted by Officer … the superior had done more than he or she did." Sample v. Diecks, 885 F.2d 1099, 1118 (3d Cir. 1989). Here, plaintiff …
- njcourts.gov… OFFICE, COUNTY OF GLOUCESTER AND ITS BOARD OF COUNTY COMMISSIONERS, CHAD M. BRUNER, Gloucester County … case arises from Gloucester County's replacement of its computer server that stores, on a centralized basis, … which addresses recordkeeping by "public safety answering points" ("PSAPs"),4 was adopted under authority granted by …
- STATE OF NEW JERSEY VS. GERALD HILL-WHITE (12-05-0475, MERCER COUNTY AND STATEWIDE) - Published Opinionsnjcourts.gov… N.J.S.A. 2C:43-7.2. Defendant presents the following points of argument: POINT I: THE JUDGE'S ANSWER TO THE … (NOT RAISED BELOW) POINT II: A CRIMINAL ATTEMPT CAN ONLY BE COMMITTED WITH A PURPOSEFUL STATE OF MIND; YET THE JURY … "not very much different." However, viewed in context, that comment would not have confused the jury, because the judge …
- STATE OF NEW JERSEY VS. JEROME SHAW, JR. (13-04-0591, BERGEN COUNTY AND STATEWIDE) - Published Opinionsnjcourts.gov… after he pleaded guilty to third-degree conspiracy to commit burglary, N.J.S.A. 2C:5-2, N.J.S.A. 2C:18-2, and … to a third grand jury. Of relevance to one of defendant's points on appeal, Riedel softened defendant's admission that … A-2058-15T3 9 On appeal, defendant raises the following points for our consideration: POINT ONE THE INDICTMENT …
- njcourts.gov… that, during the second call, defendant told the CI to come to his house. The detective followed the CI to … J. Hubbard, of counsel and on the briefs). Patrick F. Galdieri, II, Assistant Middlesex County Prosecutor, argued the … without full and complete discovery. Furthermore, defendant points to examples of discovery that must be provided “to …
- njcourts.gov… 1 NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS CARILLON AT LIVINGSTON TOWN CENTER … have not had an opportunity for sufficient discovery. It points out that depositions of several of the main parties … as there has not been adequate discovery. In particular, it points out that it has not yet deposed representatives of …
- njcourts.gov… to run concurrently. Defendant raises the following points on appeal: POINT I THE TRIAL JUDGE ERRED IN ADMITTING … and requested the charges be dropped. She also continued to communicate with defendant during his incarceration and told … improper motive.3 3 Defendant also asserts the trial court committed reversible error in admitting Cathy's statements …
- A-1893-20 Opinionnjcourts.gov… OFFICE, COUNTY OF GLOUCESTER AND ITS BOARD OF COUNTY COMMISSIONERS, CHAD M. BRUNER, Gloucester County … case arises from Gloucester County's replacement of its computer server that stores, on a centralized basis, … which addresses recordkeeping by "public safety answering points" ("PSAPs"),4 was adopted under authority granted by …