-
njcourts.gov
… only translation to her of what was being said or asked was coming from the aunt. Even if we assume the aunt was … were still, beyond dispute, his property and the evidence points, to the extent necessary to the analysis, to his … a third party's consent to a search "when the consenter has common authority for most purposes over the searched space." …
-
njcourts.gov
… STATE OF NEW JERSEY, Plaintiff-Respondent, v. KEPHINE OGUTA, Defendant-Appellant. ________________________ … but the prosecutor objected. Thereafter, defendant moved to compel his admission into PTI. Following a hearing, the … observed: [T]he carefully instructed legislative plan embodied in N.J.S.A. 2C:39, together with a review [of] Lee and …
-
njcourts.gov
… According to Callahan, Turner was a friend of hers who had come to her home the evening of November 19 with a woman … with a statement in which she confirmed that defendant had come to Callahan's house looking for her. Crystal explained … agreement. In exchange for the guilty plea, the State recommended a custodial sentence of twenty-four years, subject …
-
njcourts.gov
… on November 13, 1998, in accordance with the State's recommended plea offer to an aggregate three-year State prison … running concurrent to each other. He was also sentenced to comply with Megan's Law, N.J.S.A. 2C:7-1 to -23, and to community supervision for life (CSL), N.J.S.A. 2C:43-6.4. In …
-
njcourts.gov
… II: THE JURY INSTRUCTION ON ARMED ROBBERY WAS CONFUSING, INCOMPLETE, AND INCORRECT; MOREOVER, THE CORRECTED 3 … out of the bank, to lock the door right away. Defendant commenced pulling on the locked inner doors that separated … of the building, and tightened the drawstrings of his hoodie so that his face was covered. While holding a BB gun, …
-
njcourts.gov
… defendant provided no proof the prosecutor would have recommended him for PTI, rendering his claim no better than a … convictions not to establish that regardless of the outcome of this PCR, he would still have a deportable offense, … motion that would have provided him the opportunity to become aware of his risk of potential deportation. Defendant …
-
njcourts.gov
… Daniel Rizzo appeals from an August 22, 2017 order compelling arbitration of his discrimination claims and … use in other cases is limited. R. 1:36-3. 2 A-0554-17T2 his complaint with prejudice. For the following reasons, we … appeal followed. On appeal, plaintiff raises the following points: POINT I THE TRIAL COURT ERRED IN RULING THAT NEW …
-
8.21
Charges Document PDF
njcourts.gov
… Page 1 of 13 8.21 NONUSE OF SEATBELT INCLUDING ULTIMATE OUTCOME1 (Approved 12/2009; Revised 11/2022) As I told you … about deciding if defendant has proven each of these three points to you. You may note that each of these points is set out on the jury verdict sheet as questions …
-
njcourts.gov
… new trial, arguing that the prosecutor made improper comments in both his opening statement and closing argument. … charged in the indictment with second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2, N.J.S.A. 2C:15- 1(b); four … another, N.J.S.A. 2C:39-4(a); fourth-degree conspiracy to commit false swearing, N.J.S.A. 2C:5-2, N.J.S.A. 2C:28-2; …
-
njcourts.gov
… allegations, and . . . L.M. said that she first began to communicate with defendant in 2002 over the internet and had … of Jim Dalian (Dalian), an individual with whom they had communicated on the internet. L.M. performed oral sex upon … testified. She said that she met defendant through L.M. and communicated with him several times over the internet. . . . …
-
njcourts.gov
… performance features for racing, allowing the car to complete a quarter mile in ten seconds. 2 According to … extensive information regarding the position of the bodies in the car and the injuries sustained by each man as a … accident reconstruction expert to inform the jury how the bodies moved inside the car during the accident. The judge …
-
njcourts.gov
… Thompson, and defendant with second-degree conspiracy to commit carjacking, N.J.S.A. 2C:5-2, 2C:15-2(a) (count one); … In exchange for his guilty plea and his agreement to give complete and truthful testimony against the remaining co-defendants, the State agreed to recommend a twenty-year sentence, with an eighty-five percent …
-
njcourts.gov
… namely, "'[t]he defendant's right to have the plaintiff comply 9 A-3331-18T1 with procedural rules[, which] … to four months because "prison doctors found he had become catatonic." According to P.G., B.G.'s prison visits … of P.G.'s disability payments would surely have come to light. We also note our disagreement with the trial …
-
njcourts.gov
… counts. Pursuant to the plea agreement, the State recommended a fifteen-year sentence for counts one and two, … in Judge Podolnick's written opinion. We amplify only a few points. Defendant's contention that his trial counsel was … transcript shows that counsel highlighted several points of arguable mitigation. These included: defendant's …
-
njcourts.gov
… immigration status. He contends that that violation was "compounded" when the trial court applied the same ruling to … of second-degree sexual assault. In that regard, defendant points out that aggravated criminal sexual assault includes … same or less than all the facts required to establish the commission of the offense charged; or (2) [i]t consists of …
-
njcourts.gov
… ISSUE, THE REAL PROBLEM BEFORE THE PCR COURT WAS THE COMPLETE LACK OF COUNSEL AS TO THIS ISSUE ON DIRECT APPEAL. … errors created more than a "conceivable effect on the outcome of the proceeding." Strickland, 466 U.S. at 694. … him of a fair trial. Nor did defendant establish the outcome of the trials would have differed if counsel raised …
-
njcourts.gov
… action in which the attorney sought, among other things, to compel the sale of the former marital home to satisfy her … asserting a cause of action for divorce; Diggs filed a complaint and Mills a counterclaim. A-2153-14T1 3 We derive … home for sale, taking into consideration the realtor's recommendations for both the listing and ultimate sales price. …
-
njcourts.gov
… (1) an October 24, 2014 order denying his application to compel his entry into the pre-trial intervention program … entered an order denying defendant's application to compel his admission into PTI over the prosecutor's … then testified that she was directed to have her husband come down to speak with the police. When her husband came …
-
njcourts.gov
… charged in an indictment with: first-degree conspiracy to commit murder; first-degree murder; first-degree felony … for Anthony to use to conduct his narcotics business and communicate with other individuals. She also brought drugs … parole ineligibility. IV. Defendant presents the following points for our consideration on appeal: 9 A-2045-13T2 POINT …
-
njcourts.gov
… administered first aid and detected an odor of alcohol coming from defendant. Within fifteen to twenty minutes of … WAS NOT OBTAINED THROUGH CONSENT AND THE STATE CANNOT OVERCOME THE WARRANT REQUIREMENT THROUGH EXIGENCY []. POINT II … 7. "As the United States Supreme Court has recognized, 'a "compelled intrusio[n] into the body for blood to be analyzed …