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… DUE PROCESS FORM OF REDRESS. We determine that sufficient, competent evidence supported the trial court's decision and … court's legal determinations, Manalapan Realty, LP v. Twp. Comm. of Manalapan, 140 N.J. 366, 378 (1995). Contrary to … findings must be supported by a residuum of legally competent evidence. Weston, 60 N.J. at 51; see also In re …
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… sufficient to relax the time limits." Id. at 580. "Absent compelling, extenuating circumstances, the burden of … show: "counsel's assistance was not 'within the range of competence demanded of attorneys in criminal cases'; and . . … a plea after sentencing must be substantiated by strong, compelling reasons." Id. at 158, 160 (citing R. 3:2-1). …
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… him. He was charged with: first-degree conspiracy to commit murder, N.J.S.A. 2C:5-2 and 2C:11-3(a) or (b) (count … 2C:28-5(a) (count eight); and second-degree conspiracy to commit witness tampering, N.J.S.A. 2C:28-5(a) and 2C:5-2 … before interrogating him. Defendant raises the following points for our consideration: POINT I: THE TRIAL COURT ERRED …
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… he observed a van travelling in the opposite direction "coming head- on at [him]." The two occupants were not … Shelton entered defendant's information into his vehicle's computer, and determined he had an outstanding traffic … [SHELTON]: Yes. Thirty-five minutes after the jurors commenced deliberations, they found defendant guilty of …
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… The plea agreement provided that the prosecution would recommend four years in prison without prejudice to the … that defendant was aware that the prosecutor's recommended sentence was four years in New Jersey State …
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… admission to PTI. The Essex County PTI Program Director recommended that he be accepted into the program. The prosecutor rejected the recommendation. 3 A-4340-16T2 In an eight-page letter, the … Guideline 3(i)(2). She concluded that defendant had not overcome the presumption of ineligibility by establishing …
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… and convicted by a jury of second-degree conspiracy to commit carjacking, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:15-2; second-degree conspiracy to commit aggravated assault, N.J.S.A. 2C:5-2 and N.J.S.A. … was also the trial judge, denied both in written opinions accompanied by conforming orders. These appeals, which we now …
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… assault, N.J.S.A. 2C:14- 2(c)(4), in exchange for a recommendation that he be sentenced as a third-degree offender … He stated he understood his sentencing exposure and the recommended sentence. He testified he was satisfied with his … to determine whether his conduct was repetitive and compulsive. Defendant testified he understood he would be …
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… probation, with 364 days in county jail, and fifty hours of community service. Defendant was also ordered to complete substance abuse evaluations and treatment and to … circumstances' because '[as] time passes, justice becomes more elusive and the necessity for preserving finality …
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… her decision and "kept calling a lot trying to get [her] to come back, trying to explain what happened." At one point, … the earlier incident. As they were leaving, he asked her to come to his apartment but she said no and he slammed her car … a bottle of Jack, [a]nd when he finished he was going to come up to Summit [a]nd he was going to destroy whatever was …
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… to State v. Zuber, 227 N.J. 422 (2017). In order to comply with the mandates of Zuber, the trial judge will also … a life sentence. On appeal, defendant raises the following points: 5 A-3182-15T3 POINT ONE BECAUSE WESTON WAS SEVENTEEN … the prohibition against cruel and unusual punishment, embodied in the Eighth Amendment to the United States …
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… facts. Around 11 p.m. on July 8, 2013, Frison, in the company of friends and family, was returning home after a … on both motions was conducted before the Law Division. Upon completion, the judge granted both motions by orders dated … Thus, we consider, as the trial judge did, whether "the competent evidential materials presented, when viewed in the …
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… by order filed on May 6, 2016. Judge Blaney issued a comprehensive thirteen-page written opinion on the same date … The judge then instructed the jury: You are to totally and completely disregard the question and answer that you just … it does not seem likely that this small bit of evidence, in comparison with the remainder of the evidence against him, …
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… that claim."), certif. denied, 170 N.J. 208 (2001). "Absent compelling extenuating circumstances, the burden to justify … written opinion. R. 2:11-3(e)(2). We add only the following comments. To sustain his burden of establishing an …
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… him that defendant had CDS secreted in his pants, in a compartment located "in the flap of the jeans, by the … in her thorough written decision. We add only the following comments. The Supreme Court of the United States (SCOTUS) … [however,] we do not find in the prosecutor's remarks a studied attempt to comment on [his] election not to testify." …
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… from the store's cash register. Defendant claims that he committed the robbery because he was addicted to heroin. On … State's dismissal of the other charges, and the State's recommendation of up to an eight-year term of imprisonment … "A motion filed pursuant to [Rule 3:21-10(b)] shall be accompanied by supporting affidavits and such other documents …
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… Analis does not reside at the property. Plaintiffs filed a complaint in March 2012, claiming that defendants … the sidewalk. Defendants initially failed to respond to the complaint and 1 Defendant-Respondent Juana Fernandez was … bears "the burden of establishing those elements 'by some competent proof.'" Townsend v. Pierre, 221 N.J. 36, 51 …
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… applied aggravating factors (3) risk that defendant would commit another offense, (6) extent of defendant's prior … that the defendant had brandished a firearm during the commission of a robbery, thus increasing his mandatory …
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SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0304-15T1 STATE OF NEW JERSEY, Plaintiff-Respondent, v. PABLO ANTONIO ACEVEDO, a/k/a ERIC RUIZ, Defendant-Appellant. _______________________________ Submitted March 16, 2017 - Decided Before …
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… plea, the parties had not reached an agreement on the recommended length of the sentence. The State sought a … or both of advised the court that the last time she had "communications" with defendant about the State's plea offer, … that day, would meet with defendant that afternoon and complete the pretrial memorandum with him. Three days later, …