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njcourts.gov
… in accordance with an agreement that the State would recommend a non-custodial term of probation and dismiss all of … of counsel "were outside the wide range of professionally competent assistance." Ibid. Adequate assistance of counsel must be measured by a standard of "reasonable competence." State v. Jack, 144 N.J. 240, 248 (1996) …
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njcourts.gov
… to dismiss counts one and three of the indictment, and recommended a sentence of a five-year term of imprisonment … counsel's alleged failure and actions the result of his outcome would have been different. Strickland, 466 U.S. at 694. … threat or force was made that would have affected the outcome here. Defendant additionally argues that his plea …
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njcourts.gov
… (count three); second-degree possession of a firearm during commission of a drug crime, N.J.S.A. 2C:39-4.1(a) (count … be considered a mistake which would have changed the outcome of the trial." The PCR judge further ruled that even if … a probability sufficient to undermine confidence in the outcome." State v. Harris, 181 N.J. 391, 432 (2004) (quoting …
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njcourts.gov
… 20, 2018 3 A-0644-17T4 because it sought the easements to comply with a federal regulation requiring public access … separate single-family residences located in the Loveladies section of the Township. Defendants' three properties, … also recognized that the Army Corps requires public access points every one- half mile to allow "the general public . . …
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njcourts.gov
… of the first-degree offense of employing a juvenile in the commission of a crime, N.J.S.A. 2C:24-9(a) (count two). On … the 1 An "open plea" is a plea "that d[oes] not include a recommendation from the State, nor a prior indication from the … testimony. On appeal, defendant raises the following points: 9 A-2271-17T4 POINT I THE POST-CONVICTION RELIEF …
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njcourts.gov
… cocaine, N.J.S.A. 2C:35- 5(10)(a)(1). The State agreed to recommend a seven-year term of imprisonment with five years of … his attorney held such an opinion regarding the motions or communicated the opinion to him. He does not provide any … appeal followed. On appeal, defendant raises the following points for our consideration: POINT I THE DEFENDANT WAS …
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njcourts.gov
… MORALES, a/k/a BENITO GUITERRES, BEN GUITERRES, BIENGENID GUTIERRES, DAGOBERTO R. POZO, BEN GUTIERRES, and JULIO … and hands. H.P and M.S. testified that, after hearing the commotion, H.P. came out of his room. He tried to get … and any monies paid are forwarded to the Victims of Crime Compensation Board (the V.C.C.B. penalties). N.J.S.A. …
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njcourts.gov
… software revealed the discrepancy. As a result, a complaint-summons charged defendant with knowingly … purpose to defraud or injure the New Jersey Motor Vehicle Commission, N.J.S.A. 2C:28-7(a)(1). Relevant to this appeal, … charge is a second-degree offense. 3 A-4474-16T3 Defendant completed an application for admission to the PTI program. …
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njcourts.gov
… they were unable to locate defendant. Stevens swore out a complaint, which charged defendant with resisting arrest by … the argument that defendant may not have heard Stevens's command, and, given defendant's past "adversarial … returned a guilty verdict. Defendant raises the following points on appeal: POINT I THE TRIAL COURT ERRED TO THE …
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njcourts.gov
… and Vernoia. On appeal from the New Jersey Civil Service Commission, Docket No. 2016-2310. William G. Blaney argued … Attorney General, attorney for respondent Civil Service Commission (Pamela N. Ullman, Deputy Attorney General, on … Petitioner Robert Armstrong appeals from the Civil Service Commission's final agency decision dismissing his appeal of …
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njcourts.gov
… 3 A-3281-16T4 on?" Gamble said he believed the voice was coming from the bathroom. Gamble asked whoever was in the residence to come out with his hands up. Initially, no one responded. The officers repeated the command. A man quickly exited the bathroom, asked what was …
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njcourts.gov
… 1 NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS : SUPERIOR COURT OF NEW JERSEY … response to the cross-motion. Defendant argues three main points in support of her motion for summary judgment: that … New Jersey, and was uninsured. Plaintiffs argue four main points in support of their cross-motion for summary judgment …
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njcourts.gov
… Defendant averred he understood he would "not become eligible for parole" until he had served "[thirteen] … months, and nine days." Defendant also acknowledged that he completed the plea forms with his attorney, which reflected … PCR petition without an evidentiary hearing. In an accompanying written opinion, the judge reviewed the factual …
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njcourts.gov
… to appeal and have no contact with the victim. The State recommended a seven-year prison term and agreed to dismiss the … examiner found defendant's conduct was repetitive but not compulsive, and therefore defendant was not subject to … also relied on its responding brief, amplifying its primary points. The prosecutor argued: "I think it's very important …
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njcourts.gov
… At trial, Amanda identified defendant as the man who committed the crimes against her and her brother. She … underlying felony, but you can also consider an attempt to commit an aggravated sexual assault. But I submit that there …
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A-44-52-23 Reply Brief New Jersey State-Bar Association
Briefs
njcourts.gov
… 089278 FILED JUN 24 20~ ~d~ IN RE SUPREME COURT ADVISORY COMMITTEE ON PROFESSIONAL ETHICS OPINION NO. 745 i ON … 6 Committee Opinions Advisory Comm. on Prof. Ethics Op. 745 (March 7, 2024) .......... passim Comm. Unauth. Prac. Op. 60 (Dec. 19, 2022) …
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njcourts.gov
… driving his mother's car. Upon request, however, defendant complied with Russo's direction to provide his name and … of this decision. Substantively, the State raises two points on appeal: [POINT 1] THE TRIAL COURT RELIED ON AN … including a minor traffic offense, has been or is being committed.'" State v. Bacome, 228 N.J. 94, 103 (2017) …
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njcourts.gov
… was ineffective with respect to the video recording were "completely without merit." Id. (slip op. at 12). The Supreme … PCR petitions. Defendant subsequently filed a motion to compel production of the entire video recording and the … raised "no cognizable basis to grant relief." In an accompanying statement of reasons, the trial court concluded …
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njcourts.gov
… the informant's allegations were not corroborated. He also complained that the police did not field test the substances … considered, and rejected, these contentions in his comprehensive opinion. Thereafter, defendant pled guilty to … 'well grounded' suspicion that a crime has been or is being committed." Sullivan, 169 N.J. at 211. The court must "make …
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njcourts.gov
… order dismissing her February 25, 2022 domestic violence complaint, vacating her April 8, 2022 Temporary Restraining … Upon arrival, defendant called plaintiff to ask her to come outside. When she did not, defendant knocked and rang … and indicating that she would call the police if he did not comply. Defendant responded, texting, "I don't care . . . …