njcourts.gov
… Public Defender, attorney for appellant (William Welaj, Designated Counsel, on the brief). Esther Suarez, Hudson … AT THE TRIAL LEVEL. A. THE PREVAILING LEGAL PRINCIPLES REGARDING CLAIMS OF INEFFECTIVE ASSISTANCE OF COUNSEL, … PCR judge held, and we agree, that the brother's isolated comments about his personal feelings about defendant did not …
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… BY THE LAW DIVISION, ALONG WITH THE UNDERLYING CRIMINAL COMPLAINT, BECAUSE THE MUNICIPAL COURT IMPROPERLY ASSUMED A … THE DEFENDANT AND FAILED TO FOLLOW NEW JERSEY COURT RULES REGARDING OPEN PROCEEDINGS. We conclude Judge Joseph W. … 4 A-4671-15T3 The separation of powers doctrine was designed to create a system of checks and balances among the …
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… Division's October 28, 2016 order dismissing his amended complaint against defendants Newark Morning Ledger Co., … publication of an article (the article) on defendants' website, NJ.com, on May 13, 2013, which coincided with the … to the plaintiff's property or business, of a kind designed to prevent others from dealing with [it]." Id. 246. …
njcourts.gov
… appeal from Superior Court of New Jersey, Law Division, Middlesex County, Indictment No. 85-06-0918. Joseph E. Krakora, … Public Defender, attorney for appellant (Thomas G. Hand, Designated Counsel, on the brief). Andrew C. Carey, … prosecutor referred to the psychological evaluation in his comments at sentencing. The Judgment of Conviction (JOC) …
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… Public Defender, attorney for appellant (Monique Moyse, Designated Counsel, on the brief). Anthony P. Kearns, III, … successful in opposing the State's motion to admit fresh complaint evidence. The trial court, however, denied his … that "(i) counsel's assistance was not within the range of competence demanded of attorneys in criminal cases; and (ii) …
njcourts.gov
… Public Defender, attorney for appellant (William Welaj, Designated Counsel, on the brief). Dennis Calo, Acting … probability" that the deficient performance affected the outcome. Fritz, 105 N.J. at 58. The array of inadequate … N.J. 339, 380 (2012)). 5 A-5070-16T4 translator" when he completed the plea form. The judge further found that the …
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… Public Defender, attorney for appellant (Kevin G. Byrnes, Designated Counsel, of counsel and on the brief). … for life and advising him that he could be civilly committed because of the sexual offense. The judge who took … than five years after entry of a judgment of conviction unless the delay was "due to defendant's excusable neglect and …
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… Public Defender, attorney for appellant (Al Glimis, Designated Counsel, on the brief). Damon G. Tyner, Atlantic … cause hearing, but that the violation of the right was harmless error. Accordingly, the Supreme Court affirmed … DEFENDANT WITH A FAIR PROCEEDING LEADING TO A JUST OUTCOME. We affirm the denial of defendant's second PCR …
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… Defender, attorney for appellant (Karen A. Lodeserto, Designated Counsel, on the brief). Esther Suarez, Hudson … charges in the indictment related to defendant2 and recommend the court sentence defendant to a term of five … dispense or distribute in a quantity of one half ounce of less, N.J.S.A. 2C:35-5(b)(3); second degree possession of …
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… Defender, attorney for appellant (Michele A. Adubato, Designated Counsel, on the brief). Jennifer Davenport, … TRIAL, APPELLATE AND PCR COUNSEL WAS ERROR. A. LEGAL PRINCIPLES. B. FAILURE OF TRIAL, APPELLATE AND PCR COUNSEL TO CITE … LAW 3 A-4211-17T3 REGARDING WHEN AN ADVERSARIAL PROCEEDING COMMENCES AND THE RIGHT TO COUNSEL ATTACHES. C. FAILURE OF …
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… Defender, attorney for appellant (Anthony J. Vecchio, Designated Counsel, on the brief). Michael H. Robertson, … contentions, in light of the record, and applicable principles of law, we affirm. The detailed circumstances leading to … appellate counsel was ineffective in failing to provide a complete record of the trial proceedings in the direct …
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… Public Defender, attorney for appellant (Steven M. Gilson, Designated Counsel, on the brief). Theodore N. Stephens II, … Strickland, 466 U.S. at 687). The defendant must overcome a "strong presumption that counsel rendered reasonable … 694). A PCR court need not grant an evidentiary hearing unless "a defendant has presented a prima facie [case] in …
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… appeal from Superior Court of New Jersey, Law Division, Middlesex County, Indictment No. 13-06- 0844. Joseph E. Krakora, … Defender, attorney for appellant (Robert Carter Pierce, Designated Counsel, on the brief). Andrew C. Carey, … cell phone. The tracking app led him to an apartment complex. When I.K. could not pinpoint the location of his …
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… imposed upon him pursuant to N.J.A.C. 10A:4-4.1 for committing prohibited act *.203 (possession or introduction … brief acknowledges this representation and does not refute it. 4 A-3433-17T4 Appellant was offered the opportunity … examination may be requested by the Administrator or designee: 1. When there are issues of credibility regarding …
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… District (Regional School District), where she worked as a computer teacher. In 2011, the Regional School District's … and one month of service with the TPAF system, but was less than sixty years old, petitioner applied for deferred … 456, 459 (App. Div. 2004) ("[O]nly the judgment or orders designated in the notice of appeal . . . are subject to the …
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… Public Defender, attorney for appellant (Steven M. Gilson, Designated Counsel; William P. Welaj, on the brief). … could not have been considered on direct appeal. Nonetheless, we affirm because we agree with the judge, who despite … During questioning from counsel, he admitted he committed a crime when he drove to pick up the package, …
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… Defender, attorney for appellant (Andrew Robert Burroughs, Designated Counsel, on the brief). Theodore N. Stephens, II, … sexual contact. In return, the prosecutor agreed to recommend the court sentence defendant to a term of … to Franks v. Delaware, 438 U.S. 154 (1978). The State refuted all of PCR counsel's claims. The prosecutor emphasized …
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… v. BOARD OF REVIEW, DEPARTMENT OF LABOR and ADP TOTALSOURCE COMPANY XXI, INC., Respondents. … Compensation Act, N.J.S.A. 43:21-1 to -24.30 (the Act), is designed primarily to lessen the impact of unemployment that befalls workers …
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… Public Defender, attorney for appellant (Louis H. Miron, Designated Counsel, on the brief). Michael H. Robertson, … criminal sexual contact, N.J.S.A. 2C:14-3(a). He admitted committing the offenses between December 2009 and December … of the court, and its denial will not lead to reversal unless it appears from the record that the defendant suffered …
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… Degrees, one in Engineering Mechanics, and another in Computer Science and Engineering, and had a job offer to … comments. We have held that PTI is a diversionary program designed to augment the options of prosecutors in disposing … services or supervision can reasonably be expected to deter future criminal behavior by an applicant. [State v. Motley, …