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… Submitted September 16, 2019 – Decided Before Judges Rothstadt, Moynihan and Mitterhoff. On appeal … 1 Defendant was indicted for second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2 and 15-1(a)(1) (count one); … RECONCILE THE PURPOSEFUL STATE OF MIND REQUIRED TO IMPOSE ACCOMPLICE LIABILITY WITH THE RECKLESS STATE OF MIND THAT IS …
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… MATTER OF THE APPEAL OF THE DENIAL OF F.E.'S APPLICATION FOR A FIREARMS PURCHASER IDENTIFICATION CARD. Submitted … Unit for more than ten years. In 2016, F.E. applied to become a police officer with the Oakland Police Department. … basis analysis, and violates Due Process. As the State points out, F.E. did not raise this constitutional argument …
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… Argued October 7, 2019 – Decided January 14, 2020 Before Judges Rothstadt and Moynihan. On appeal from the … the following point to us: POINT I BECAUSE TRIAL COUNSEL COMPETENTLY ADVISED DEFENDANT REGARDING EXTENDED TERM … they were experienced attorneys who recalled regularly communicating plea offers and possible sentencing outcomes …
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… Submitted December 19, 2019 – Decided Before Judges Nugent and DeAlmeida. On appeal from the … for post-conviction relief (PCR). He argues the following points: POINT I THE PCR COURT ERRED IN NOT HOLDING AN … Construction Site Owner, "[i]t is simply not possible [to commit such an assault] from the layout of the house, and go …
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… Submitted February 4, 2020 – Decided March 16, 2020 Before Judges Yannotti and Currier. On appeal from the New … found there was a substantial likelihood Presher would commit a new crime if released on parole at this time. The … as a mitigating factor. Presher also asserts that he has completed over 11,250 hours of job training while imprisoned …
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… Argued January 14, 2020 – Decided May 4, 2020 Before Judges Hoffman and Firko. On appeal from an … the State's motion for reconsideration to allow fresh complaint testimony. For the reasons that follow, we affirm, … Edward testified that in November 2017, after viewing news accounts of sexual harassment allegations against Matt …
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… Submitted January 27, 2020 – Decided May 1, 2020 Before Judges Rothstadt and Moynihan. On appeal from the … probability" that the deficient performance affected the outcome. Fritz, 105 N.J. at 58. Under those standards, we find … the proper language for a certification in lieu of oath, in compliance with Rule 1:4- 4(b), appeared above T.M.'s …
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… Submitted February 13, 2020 – Decided April 29, 2020 Before Judges Nugent and Suter. On appeal from the Superior … PCR petition was withdrawn without prejudice pending the outcome of the appeal. In 2017, we affirmed defendant's … court denied the petition following oral argument. In its comprehensive written opinion, the PCR court found that …
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… Argued February 27, 2020 – Decided June 8, 2020 Before Judges Alvarez and Suter. On appeal from an … the representation less than adequate nor prejudiced the outcome. Thus, we reverse. The familiar Strickland v. … that the representation he or she received was less than competent and that the deficiency prejudiced his or her …
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… argued June 17, 2020 – Decided July 23, 2020 Before Judges Koblitz and Gilson. On appeal from the Superior … the ground and told him he was under arrest. Fuller did not comply; instead, he ran for the front door. Petrosky yelled … As part of that plea agreement, the State agreed to recommend that the twelve other charges against defendant be …
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… telephonically July 14, 2020 – Decided September 10, 2020 Before Judges Sabatino and Susswein. On appeal from the … 393, 403–04 (2015) (citing Manalapan Realty, L.P. v. Twp. Comm., 140 N.J. 366, 378 (1995)). The Court in Tate … cautioned, "it is essential to elicit from the defendant a comprehensive factual basis, addressing each element of a …
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… Argued January 9, 2020 – Decided September 16, 2020 Before Judges Alvarez and DeAlmeida. On appeal from the … the description and informed him he was the subject of a complaint by GameStop. They asked him to return to the store … the shoplifter at his store. An employee of the rental car company testified, identifying defendant as the person who …
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… Argued September 21, 2020 – Decided Before Judges Rothstadt and Susswein. On appeal from the … a December 12, 2018 order that dismissed plaintiff's complaint. The motion judge reconsidered after he stated he … condemned," N.J.S.A. 20:3-8, N.J.S.A. 20:3-2(j), and appoints "three commissioners to determine the compensation to …
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… Submitted February 3, 2021 – Decided March 2, 2021 Before Judges Geiger and Mitterhoff. On appeal from the … facts from the record. On November 6, 2015, defendant committed three armed robberies in Paterson by pointing a … three counts of first -degree robbery in exchange for a recommended sentence of three concurrent ten-year terms, …
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… Submitted January 26, 2021 – Decided Before Judges Yannotti and Mawla. On appeal from the Superior … one of Accusation No. 05-10-0960. The State agreed to recommend an aggregate custodial sentence of five years, with … about their conversations. He stated that his 6 A-4539-18 communications with his attorney "should be protected by …
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… AND LISA ANN MIRMANESH, individually and derivatively for WATERVIEW ESTATES CONDOMINIUM ASSOCIATION, INC., … corporation which operates a five-unit condominium complex in Ocean City. On January 18, 2012, plaintiffs filed a complaint against defendants, all unit owners, and members …
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… Submitted January 19, 2021 - Decided April 1, 2021 Before Judges Messano, Hoffman and Smith. On appeal from the … 105 (the PBA) appeal the dismissal with prejudice of their complaint pursuant to R. 4:6-2(e). For the reasons stated … to -17.46(a). Appellants allege they should not be compelled to contribute to the cost of their health benefits …
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… Submitted February 2, 2021 – Decided April 30, 2021 Before Judges Fisher, Moynihan and Gummer. On appeal from the … factors found by the sentencing court were not based upon competent and credible evidence in the record; or (3) "the … factor three, the risk defendant will 15 A-1571-19 commit another offense, N.J.S.A. 2C:44-1(a)(3), ostensibly …
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… Argued October 28, 2020 – Decided June 28, 2021 Before Judges Sumners and Mitterhoff. On appeal from the … used any force or coercion. On or about May 13, 2013, a complaint was issued for defendant’s arrest stemming from … N.J.S.A. 2C:24-4(a). On or about May 21, 2013, another complaint was issued that charged defendant with an …
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… Submitted January 4, 2021 – Decided August 5, 2021 Before Judges Gooden Brown and DeAlmeida. On appeal from the … In exchange for defendant's plea, the State agreed to recommend a sentence of twenty-three-and-one-half years of … 2C:44- 1(a)(3) ("[t]he risk that the defendant will commit another offense . . . ."), six, N.J.S.A. …