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… for the reasons set forth by Judge Sandra Lopez in her comprehensive written opinion. I. The evidence adduced at … guilt. Id. at 15-16. In September 2021, Judge Lopez commenced a four-day evidentiary hearing on defendant's PCR … an order, denying defendant's PCR petition. In her accompanying eighty-five-page opinion, the judge first …
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… his car. When the officer asked defendant where he was coming from, defendant replied "my house." 3 A-0040-22 Defendant complied with the officer's request to exit the car, but … Div. 2020), the judge noted "operation" of a vehicle encompasses more than "driving" a vehicle, and instead …
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… and was on parole for the latest conviction when he committed the offense. As a result, the State objected to … withdrawing his guilty plea. After ensuring that the plea complied with the requirements of Rule 3:9-2, the court … appeal followed. On appeal, defendant raises the following points for our consideration: POINT ONE THE PCR COURT ERRED …
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… __________________________ HARTFORD UNDERWRITERS INSURANCE COMPANY, Appellant. ___________________________ Argued … and Mitterhoff. On appeal from the Division of Workers' Compensation, Department of Labor and Workforce Development, … the cause for appellant Hartford Underwriters Insurance Company (Dickie McCamey & Chilcote, PC, NOT FOR PUBLICATION …
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… plaintiff claimed she was never served with the summons and complaint. We conclude her claims on appeal are without … Florida, where she purportedly was served. The opposition points to the fact that plaintiff . . . first points to the extensive delay, but more importantly points …
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… avoid the mandatory period of incarceration and instead recommend a sentence of probation. At his October 26, 2007 … defendant to two years of probation with fifty hours of community service, and the forfeiture of the $15,146 found …
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… N.J.S.A. 2C:11-3(a)(1) and (2), first-degree murder as an accomplice, N.J.S.A. 2C:11- 3(a)(1) and (2), and thirteen … finding defendant failed to exhaust his state court remedies because he had not asserted a claim in state court that … petition. This appeal followed. 2 The "report" is a computer screen printout which defendant argues shows he …
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… to count two of Indictment No. 09-12-2019, conspiracy to commit theft by unlawful taking, N.J.S.A. 2C:5-2 and … and count two of Indictment No. 10-05-0715, conspiracy to commit burglary, 3 A-0536-17T1 N.J.S.A. 2C:5-2 and N.J.S.A. … the factual or legal basis of his claims and was not accompanied by a certification or affidavit. A brief filed by …
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… alleging the judge who issued the warrant was biased, to compel the State to divulge the identity of the CI, for a … his reply brief, defendant raises the following additional points: 1 198 N.J. 145 (2007). 2 No. A-4208-15 (App. Div. … Strickland, 466 U.S. at 687). The "defendant must overcome a strong presumption that counsel rendered reasonable …
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… court sentenced defendant to probation and placed him on Community Supervision for Life (CSL) under Megan's Law, … He also never appealed from the Board's final 1 "CSL is a component of the Violent Predator Incapacitation Act, which is also a component of a series of laws, enacted in 1994, commonly …
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… Act, 42 U.S.C. §§ 12101 to 12213, along the nineteen access points. In December 2012, the Borough Council presented its … rather, the beach can only be accessed at select access points that have stairs and ramps for patrons to use to walk … requires the motion judge to consider whether the competent evidential materials presented, when viewed in the …
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… his convictions and sentence. He presents the following points of argument: POINT I THE TRIAL COURT SHOULD HAVE … out the window, saw defendant rummage through the glove compartment of the Nissan, and then get out of the car. … is generally familiar with the value of like articles, is competent to testify as to [her] estimate of the value of …
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… the denial of both motions, raising the following points for our consideration: POINT I THE GRAND JURY … defendants in Perry's consolidated cases demonstrated they completed their ordered period of 6 A-2953-18T2 suspension, … we observed: Subsection (b) provides that a driver commits the crime if he drives "during the period of license …
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… detected the odor of alcohol emanating from the passenger compartment of the Dodge. Detective Durning was concerned … Durning told his partner he detected the odor of alcohol coming from inside the Dodge, Detective Palach ordered … conducted a warrantless search of the Dodge's passenger compartment. They recovered 360 additional bricks of heroin …
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SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-3018-17T3 STATE OF NEW JERSEY, Plaintiff-Respondent, v. ANTWAN SHANNON, Defendant-Appellant. _________________________ Submitted December 19, 2019 – Decided Before Judges Suter and DeAlmeida. On …
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… lung. Defendant and K.D. were charged with conspiracy to commit aggravated assault, aggravated assaults, and weapons … circumstances' because '[a]s time passes, justice becomes more elusive and the necessity for preserving finality … the timeliness of the petition and defendant must submit competent evidence to satisfy the standards for relaxing the …
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… security threat group "means a group of inmates possessing common characteristics, interests and goals which serve to … a threat to the safety of the staff, other inmates, the community or causes damage to or destruction of property, or … of the evidence.2 On appeal, appellant raises two points: POINT I: APPELLANT WAS DENIED RIGHTS TO DUE PROCESS …
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… Jury indicted defendant for second-degree conspiracy to commit second-degree burglary, N.J.S.A. 2C:5- 2, 2C:18-2; … theft, N.J.S.A. 2C:20-3; and third-degree conspiracy to commit first-degree robbery, N.J.S.A. 2C:5-2, 2C:15-1. On … This appeal followed, with defendant raising the following points of argument: POINT I IN THE INTEREST OF JUSTICE, …
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… system and the New Jersey Department of Corrections had accomplished what they were "designed to do," which is "to completely change[] a criminal into a law abiding system and … opinion. R. 2:11-3(e)(2). However, we add the following comments. Defendant filed a motion pursuant to Rule 3:21-10 …
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… police vehicle was equipped with a mobile video recorder, commonly referred to as a "dash cam." Defendant at trial … "articulable and reasonable suspicion" that the driver has committed a motor vehicle offense. Delaware v. Prouse, 440 …