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- A-0414-19 Opinionnjcourts.gov… stopped his car in the parking lot of his condominium complex. After speaking with defendant, the officer … Again he swayed, he was moving side to side, could not complete the test, so that to me was a fail. And I did … and defendant's performance on the field sobriety tests "in combination demonstrates there's ample evidence to support a …
- 7.32 Charges Document PDFnjcourts.gov… CHARGE 7.32 — Page 1 of 9 7.32 COMPARATIVE NEGLIGENCE: INTERROGATORIES (Approved before … 1985) NOTE TO JUDGE The interrogatories selected by the Committee for submission to the jury on the issue of comparative negligence represent a compromise between the …
- A-3866-23 – STATE OF NEW JERSEY VS. CLARENCE W. SIMMONS (19-12-2308, ATLANTIC COUNTY AND STATEWIDE) Opinionnjcourts.gov… agreement, the other charges would be dismissed, with the recommended sentence of five years' imprisonment subject to … victim. Defendant was sentenced in accordance with the recommended sentence as part of the plea agreement along with … followed. On appeal, defendant presents the following points for our consideration: POINT I BECAUSE DEFENDANT MET …
- njcourts.gov… of parole ineligibility. While incarcerated, appellant committed twenty-five disciplinary infractions, nineteen of … "a substantial likelihood exist[ed] that [appellant] would commit a new crime if released on parole at 1 Asterisk … that the Board considered in any meaningful way the studies on the age crime curve in denying parole to …
- A-1220-17T1 Opinionnjcourts.gov… ERRED IN RULING THAT J.C. RECEIVED EFFECTIVE ASSISTANCE OF COMPETENT TRIAL COUNSEL. A. The Strickland-Cronic-Fritz … without merit for the reasons set forth in Judge DeLury's comprehensive and convincing written decision. The strategy …
- A-4607-16T4 Opinionnjcourts.gov… 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 …
- A-4769-16T1 Opinionnjcourts.gov… and Port Authority of New York and New Jersey from the complaint with prejudice. The court granted summary judgment … Janitorial Services Northeast, Inc., dismissing plaintiffs' complaint. For the rest of the opinion, the term "defendant" … checklists documenting the date and time a required task is completed. Valdes testified the TSA does not permit CFM to …
- A-2190-20 – STATE OF NEW JERSEY VS. RASHEED DILLAHUNT (17-03-0617, ESSEX COUNTY AND STATEWIDE) Opinionnjcourts.gov… guilty plea to second-degree robbery, the State would recommend a sentence of ten years with an eighty-five percent … who was in custody. In a June 25, 2020 order and accompanying written decision, the PCR judge denied … is reliable." Strickland, 466 U.S. at 687. "The error committed must be so serious as to undermine the court's 7 …
- A-2362-21 – RICARDO ORTIZ VS. BRANER USA, INC., ET AL. (L-1604-21, ESSEX COUNTY AND STATEWIDE) Opinionnjcourts.gov… In 1983, HRBE manufactured and sold a slitter machine to a company in California. This machine was ultimately re-sold to a company in New Jersey—Englert, Inc. (Englert)—and allegedly … entered into an Asset Purchase Agreement with HRBE, and the combined companies changed their name to Braner USA, Inc. …
- A-1331-19 Opinionnjcourts.gov… kidnapping with the understanding that the State would recommend an eighteen-year term, subject to NERA. The court … but can vacate such a sentence if it fails to 8 A-1331-19 comply with sentencing standards. See State v. Fuentes, 217 …
- A-4150-18 Opinionnjcourts.gov… that trial counsel advised him that he would be receiving community supervision for life (CSL) and not the more … special one that . . . explains to [defendant] exactly what community supervision for life entails[,]" was "filled … be "subject to [the] provisions of Megan’s Law. That is community supervision for life . . . . [A]mong other things, …
- A-0310-19T4 Opinionnjcourts.gov… sentencing judge explained to defendant that he would not recommend him for the ISP or drug court. 3 A-0310-19T4 … a probability sufficient to undermine confidence in the outcome." Id. at 694. "[I]f counsel's performance has been so … ISP but included that the "sentencing judge [would] not recommend ISP" if defendant were to apply. Defendant's trial …
- A-0903-20 Opinionnjcourts.gov… N.J.S.A. 2C:44-1(a)(3), the risk that defendant will commit another offense; N.J.S.A. 2C:44-1(a)(6), the extent … (slip op. at 22). Defendant remains incarcerated and becomes parole eligible on October 15, 2021. 3 A-0903-20 In … and criminal history. Defendant raises the following points on appeal: POINT I. APPELLANT IS NOT BARRED FROM …
- A-3046-18 Opinionnjcourts.gov… to dismiss the remaining counts in both indictments and recommend the court sentence defendant to a term of seven … to run concurrently with a sentence imposed for offenses committed in Somerset County, in accordance with the terms … defendant and White ran from the scene and ignored repeated commands to stop. The judge found [t]he detectives were …
- A-5265-18 Opinionnjcourts.gov… DUANE F. GUILFORD, a/k/a DUANE GUILFORD, HANOVER INSURANCE COMPANY, GARDEN SAVINGS FEDERAL CREDIT UNION, GLEN K. … On November 12, 2018, plaintiff filed a foreclosure complaint; defendant filed a contesting answer on December … defendant filed a cross-motion to dismiss the foreclosure complaint on April 8, 2019. He submitted his own …
- A-4105-19T4 Opinionnjcourts.gov… HIM PARTICULARLY SUSCEPTIBLE TO DEATH OR SERIOUS HEALTH COMPLICATIONS FROM THE VIRUS. 4 A-4105-19T4 A Rule 3:21-10(b)(2) motion "is committed to the sound discretion of the court." State v. … of the sentencing power of the court, involving the same complexity as the sentencing decision and the same delicate …
- A-3138-18T1 Opinionnjcourts.gov… samples. It is possible [defendant's] first breath test was completed at 06:44:55D and his second breath test was … TESTING USING AN ALCOTEST 7110 MK III C INSTRUMENT ARE COMPLIANT WITH THE CONDITIONS FOR SCIENTIFIC RELIABILITY … to any special deference." Manalapan Realty, L.P. v. Twp. Comm., 140 N.J. 366, 378 (1995). We agree that it was error …
- A-2424-18T1 Opinionnjcourts.gov… 2C:5-1 and N.J.S.A. 2C:12- 1(b)(1); and conspiracy to commit murder, N.J.S.A. 2C:5-2 and N.J.S.A. … R. 3:22-12 (2015). The concept of excusable neglect encompasses more than simply providing a plausible explanation … not held differently). Therefore, we conclude there are no compelling, extenuating circumstances to excuse the lengthy …
- A-0547-17T3 Opinionnjcourts.gov… 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 …
- A-0154-18T3 Opinionnjcourts.gov… 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 …