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… Submitted January 20, 2021 – Decided March 12, 2021 Before Judges Fisher and Gilson. On appeal from the Superior … and English and a Spanish interpreter translated the communications 3 A-2797-18 between defendant and his … fell short of the prevailing norms of the legal community. Padilla v. Kentucky, 559 U.S. 356, 366-67 (2010). …
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… Submitted June 7, 2022 – Decided August 9, 2022 Before Judges Sumners and Vernoia. On appeal from the Superior … A. Counsel was Ineffective for Failing to Request an Accomplice Liability Charge. B. Counsel was Ineffective for … decided not to do so at the time but stated he would revisit the situation if the juror appeared to be distraught. …
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… Argued February 6, 2020 – Decided February 28, 2020 Before Judges Nugent and DeAlmeida. On appeal from the … 20, 2014, nearly three years prior to plaintiff filing a complaint for divorce. The agreement provides the parties … coverage for defendant at her expense. The parties communicated only to discuss their children. In 2017, …
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… Submitted May 19, 2020 – Decided June 17, 2020 Before Judges Hoffman and Firko. On appeal from the Superior … and arrested E.M. W.F. went to the police station to file a complaint against E.M. W.F. left her seven-year-old son … appeared with similar physical characteristics and skin complexion." Furthermore, the PCR court pointed out that …
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… Submitted December 16, 2019 – Decided Before Judges Fasciale and Rothstadt. On appeal from the … to his PCR attorney because he 'believed the letter would become available automatically.'" The PCR judge stated that … finding it unbelievable that, "an attorney's written communication to a client, especially on the topic of the …
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… Submitted December 2, 2019 – Decided Before Judges Ostrer and Susswein. On appeal from the New … 3 A-4963-17T3 The South Woods Institutional Classification Committee (ICC) voted 5-0 to reject Aikens's request for a … Instrument indicates a total score of 2. Six points were awarded based upon the "severity of the current …
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… Submitted December 8, 2020 – Decided Before Judges Haas and Natali. On appeal from the Superior … 3 A-5380-18T3 In imposing the sixteen-year sentence recommended in the plea agreement, the judge applied … agreement with the prosecutor under which the State would recommend a ten-year term, subject to NERA, at the time of …
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… Submitted June 2, 2020 – Decided July 8, 2020 Before Judges Yannotti and Hoffman. On appeal from the … during the opening statement, the trial court provided a comprehensive curative instruction advising the jury "to … elicited that Maysa did not file a domestic violence complaint against defendant on the night of the incident. …
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… Submitted May 4, 2020 – Decided July 2, 2020 Before Judges Fasciale and Moynihan. On appeal from the … as a participant in planning and carrying out the robbery—committed after all three men traveled from Jersey City to … 2C:11-3(a)(1) (count one); first-degree murder during commission of a crime, N.J.S.A. 2C:11-3(a)(3) (counts three …
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… WELLS FARGO BANK, NATIONAL ASSOCIATION AS TRUSTEE FOR STRUCTURED ASSET MORTGAGE INVESTMENTS II INC., … withdrawal of their then pending motion to dismiss the complaint and returning the matter to the Office of … for [its] own purchase of the same. Defendant also renews his argument that the Consent Order should be vacated. …
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… Submitted December 4, 2019 — Decided Before Judges Koblitz, Whipple, and Mawla. On appeal from an … other officers began to arrive at the scene. Prior to completing the summons, a canine unit appeared and began a … gang-affiliated individual. The State raises the following points on appeal: THE RULING OF THE LOWER COURT SHOULD BE …
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… Submitted November 6, 2019 – Decided Before Judges Yannotti and Hoffman. On appeal from the … who contacted local hospitals and learned that a man had come to a hospital with stab wounds above the right eye and … court conducted oral argument. Defendant was present and commented on the record. The PCR court thereafter filed a 7 …
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… 2021. Resubmitted June 22, 2021 – Decided July 12, 2021 Before Judges Fasciale, Rothstadt and Moynihan. On appeal from … A Report And Consulted With Trial Counsel Prior To The Commencement Of [Defendant's] Trial. experts too, such as a … hire an expert not routinely used by the [OPD] should be accompanied by a copy of the expert's curriculum vita[e]." …
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… 10, 2020 1 Improperly pled as American Pool Management. NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … trial, plaintiff Sandra Cignarella2 was awarded $85,000 in compensatory damages against defendant American Pool … At oral argument, plaintiff boiled down her claims to two points, asserting the motion judge: (1) erroneously relied …
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… Argued December 1, 2021 – Decided December 15, 2021 Before Judges Mayer and Natali. On appeal from the Superior … went to defendant's house in response to residents complaining defendant stored old cars on his property. The … and penalties." On appeal, defendant raises the following points: 8 A-2248-19 POINT I [DEFENDANT] WAS DEPRIVED OF DUE …
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… Submitted January 31, 2022 – Decided February 22, 2022 Before Judges Accurso and Rose. On appeal from the Superior … counsel. More particularly, defendant raises the following points for our consideration: POINT ONE A. THE PCR COURT … strategy was to establish that [defendant] did not commit a robbery, but instead, that there was a fight …
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… Argued January 11, 2022 – Decided February 10, 2022 Before Judges Messano and Enright. On appeal from the Superior … are not in agreement. We have worked hard at trying to come together for an agreement by reviewing the evidence and … verdict three days later. Ibid. 2 We have omitted the subpoints contained in defendant's brief. 8 A-0032-19 We …
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… Argued March 3, 2022 – Decided May 24, 2022 Before Judges Haas and Alvarez. On appeal from the Superior … frequently transported in his truck certain four-wheeled computer cabinets, known as "Netshelters," for defendant. … on plaintiff, causing him significant injuries. Plaintiff's complaint attributed the accident to several theories of …
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… Submitted May 5, 2022 – Decided May 16, 2022 Before Judges Mawla and Mitterhoff. On appeal from the … DENIED DEFENDANT HIS CONSTITUTIONAL RIGHT TO PRESENT A COMPLETE DEFENSE BY EXCLUDING EVIDENCE OR ARGUMENT AS TO THE … OF EIGHT YEARS IS EXCESSIVE. Defendant's arguments in points one through five are the same as those raised in …
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… 2021. Resubmitted June 22, 2021 – Decided July 12, 2021 Before Judges Fasciale, Rothstadt and Moynihan. On appeal from … A Report And Consulted With Trial Counsel Prior To The Commencement Of [Defendant's] Trial. experts too, such as a … hire an expert not routinely used by the [OPD] should be accompanied by a copy of the expert's curriculum vita[e]." …