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- A-0501-15T1 Opinionnjcourts.gov… Steven and Rivka Chaya Kleiman and the limited liability companies they control, plaintiffs Happy Days Adult … appeal from an August 20, 2015 order dismissing their complaint against Obermayer for malpractice based on the … or otherwise, is equally effective as an estoppel upon the points decided.") (quoting Reed v. Allen, 286 U.S. 191, 201, …
- A-4996-17T3 Opinionnjcourts.gov… particularly concerned with def[endant] using his right to communicate with the child as a vehicle to communicate with … SAFETY. (Not raised below). 2 We have not listed the sub-points and sub-sub-points contained in defendant's brief. 6 A-4996-17T3 Having …
- A-2333-18T2 Opinionnjcourts.gov… headlights on, inability to perform field sobriety tests, combativeness, swaying, and detecting an odor of alcohol on … the one-leg stand and walk-and-turn tests' reliability was compromised due to defendant's age, the fact that the …
- A-0360-17T4 Opinionnjcourts.gov… 2015 and June 2016. The State of New Jersey agreed to recommend concurrent ten-year terms of imprisonment, subject … "Based upon [defendant's] self-report," the evaluator recommended he be referred for intensive outpatient services. … This appeal followed. Defendant raises the following points for our consideration: POINT I A REMAND FOR …
- A-1570-16T1 Opinionnjcourts.gov… while not recorded, were memorialized in written reports completed after the identifications. The photo array shown … during the identification process. Additionally, the judge commented that the duration of the home invasion was … substantially for the reasons expressed in Judge Wild's comprehensive and well-stated written opinion. We add only …
- A-4136-16T3 Opinionnjcourts.gov… the trial court did not make findings that defendant committed all of the elements required for a fourth-degree … in the arm. Bullock testified "[defendant was] basically compliant at that point." 1 Defendant has not appealed the … defendant's entry into the Jeep was "with the purpose to commit an offense therein." The court convicted defendant of …
- A-3106-16T3 Opinionnjcourts.gov… N.J.S.A. 2C:11- 4(a)(1). In exchange, the State agreed to recommend a sentence not to exceed ten years for burglary, and … knowingly and intelligently made. (4) The cumulative errors committed by plea counsel require post-conviction relief. … that counsel's assistance was not "within the range of competence demanded of attorneys in criminal cases," and …
- A-4134-16T3 Opinionnjcourts.gov… to have weapons) in exchange for the State's agreement to recommend a fifteen-year term of imprisonment with an … concurrently. At the plea hearing, defendant admitted he committed the two offenses. He acknowledged he had … do you understand at your sentencing, the State wishes to recommend that you be sentenced to a total of [fifteen] years …
- A-2978-16T2 Opinionnjcourts.gov… Donaire ordered defendant to stop. When he failed to comply, the officers began a foot pursuit. Defendant ran … and again ordered him to stop. When defendant failed to comply, the officers entered the home, and tackled defendant … ShotSpotter system. He explained that it "identifies and pinpoints gunfire in the city, and then . . . the dispatchers …
- A-3334-16T1 Opinionnjcourts.gov… that while in Paterson on October 12, 2012, defendant committed a second-degree robbery, N.J.S.A. 2C:15-1(a)(1), … oath to questioning: Q . . . On October 5th of 2012, you committed another robbery. A I was in Paterson, I believe -- … of his failure to obtain a video that did not exist. These points border on the frivolous and do not warrant further …
- njcourts.gov… by plaintiff in July 2023. In the domestic violence complaint, plaintiff alleged defendant was tracking his … defendant's location. Plaintiff testified that after becoming aware of this, he contacted two local police … and reasoned: There's no history—there's no repeated committed acts with the purpose to alarm. At the most, …
- A-0836-22 – STATE OF NEW JERSEY VS. GABRIEL L. GREENE (22-0001, CAMDEN COUNTY AND STATEWIDE) Opinionnjcourts.gov… one, the court would "appoint one to represent [him], commonly called a [p]ublic [d]efender." When asked if he … a conforming November 9, 2022 order. In its 7 A-0836-22 accompanying oral decision, the court found the municipal … relief under Laurick. We offer the following brief comments to amplify our decision. In our review of a Law …
- A-2920-22 – STATE OF NEW JERSEY VS. GEORGE J. PIECH (21-09-1019, BURLINGTON COUNTY AND STATEWIDE) Opinionnjcourts.gov… we vacate and remand for the State to provide a compliant statement of reasons for its denial of the … as ineligible for PTI. He contended that "a full and complete review and consideration of all relevant factors … probation. II. On appeal, defendant presents the following points for our consideration: Point I THE TRIAL COURT ERRED …
- A-3978-21 – STATE OF NEW JERSEY VS. CORTNEY L. PARNELL (20-02-0187, BURLINGTON COUNTY AND STATEWIDE) Opinionnjcourts.gov… confiscated the tape" and the discovery he received "was incomplete and insufficient to enable [him] to adequately … 2C:15-1(a)(2), in exchange for the State's agreement to recommend a sentence of ten years in prison subject to the No … a brief in support of that motion arguing defendant "felt compelled to plead guilty because he felt [defense counsel] …
- njcourts.gov… nineteen-year-old niece. In exchange, the State agreed to recommend a sentence of non-custodial probation. In March … actions were beyond the 'wide range of professionally competent assistance.'" Ibid. (quoting Strickland, 466 U.S. … a probability sufficient to undermine confidence in the outcome.'" Ibid. (quoting Strickland, 466 U.S. at 694). "[T]he …
- njcourts.gov… defendant was charged with second-degree conspiracy to commit aggravated assault, N.J.S.A. 2C:5–2 and N.J.S.A. … 2C:39–7(b). Defendant was twenty- five years old when he committed these offenses. 3 A-0358-22 At sentencing on … factor fourteen." Id. at 97 n.3. As the State correctly points out, however, no independent basis exists to …
- njcourts.gov… proceedings triggering Sixth Amendment protections commence upon the return of an indictment. The State … are not disputed. In May 2017, defendant was charged by complaint-warrant with the charges in the ensuing … 5 A-0601-21 to detain him, "adversarial proceedings had commenced at the point of the CJP hearing," requiring …
- njcourts.gov… sexual assault, he could be involuntarily civilly committed pursuant to the New Jersey Sexually Violent … his prison sentence, if the court found a need for such commitment. Defendant also represented he understood this … shows, if it shows that you have a pattern of repetitive or compulsive behavior that you may be sentenced to treatment …
- njcourts.gov… juvenile in the back seat. From the onset, the driver was combative and noncooperative. As a result, and because … so. The judge concluded "the driver and the occupants were combative, uncooperative, sarcastic, even stalling. . . . … including a minor traffic offense, has been or is being committed.'" State v. Bacome, 228 N.J. 94, 103 (2017) …
- A-3373-20 - STATE OF NEW JERSEY VS. LACIANA E. TINSLEY (17-04-0385, BURLINGTON COUNTY AND STATEWIDE) Opinionnjcourts.gov… and attitude of defendant indicate that she is unlikely to commit another offense), N.J.S.A. 2C:44-l(b)(9). 3 A-3373-20 … utilize medical reports to prove her diminished capacity to commit aggravated manslaughter. After PCR counsel was … reference. Pro se briefs can also be submitted. PCR counsel complied with the rule. His brief asserted the trial court …