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- A-2130-18T4 Opinionnjcourts.gov… in 1995, and charged with second-degree conspiracy to commit murder, in violation of N.J.S.A. 2C:5-2 and N.J.S.A. … No. A-3453-00 (App. Div. Feb. 8, 2002). When defendant committed the June 1995 offenses, he was on probation for a … had also violated probation by failing to report, perform community service and pay fines. Defendant's contention that …
- A-4200-17T1 Opinionnjcourts.gov… will be made, ibid., so that the prosecutor can make a recommendation to the municipal court judge as to whether the … In addition to reviewing the municipal prosecutor's recommendation and the defendant's criminal record, ibid., the … circumstances of the offense; (2) The facts surrounding the commission of the offense; (3) The motivation, age, …
- A-4459-18T4 Opinionnjcourts.gov… probability" that the deficient performance affected the outcome. Fritz, 105 N.J. at 58. A plea counsel's performance is … we are satisfied that the clear terms of the plea form in combination with the trial court's colloquy with defendant … that (i) counsel's assistance was not 'within the range of competence demanded of attorneys in criminal cases'; and …
- A-2213-18T1 Opinionnjcourts.gov… card.3 He also noted seeing cigarillos, which are commonly used to smoke marijuana, inside the car. Burns … Burns also indicated he smelled a faint odor of alcohol coming from defendant's breath. Defendant denied marijuana … and he could not pinpoint if the marijuana odor was coming from defendant's person or inside the car. He also …
- A-1801-14T2 Opinionnjcourts.gov… credible evidence present in the record, our task is complete and we will not disturb the result. Id. at 162. Our … area." Defendant emphasizes the police heard no noises coming from that area and they had no information from 4 Our … "[e]ven if there was probable cause to search the passenger compartment of the car, . . . there was no exigency that …
- A-2058-14T1 Opinionnjcourts.gov… that defendant's mother reported that defendant had come home drunk, "began arguing with her, and at one point … her body, moving her arms around, refusing to follow . . . commands to stop screaming" and speak to the officers. … outburst in violation of N.J.S.A. 9:6-8.21c(4)(b). In a comprehensive written opinion, Judge Marino reviewed the …
- A-3880-14T4 Opinionnjcourts.gov… pay $1205 per month ($280.23 per week) for child support, commencing July 1, 2007, and set his parenting time on … without jurisdiction to consider the arguments raised in Points 1 to 7 in defendant's merits brief relating to these … a court, in its discretion, to impose sanctions on a non-obedient party who refuses to comply with a prior order. See …
- A-2010-14T4 Opinionnjcourts.gov… incarceration to deter his criminal behavior; and Cole's commission of numerous, persistent, and serious … with his prior criminal record and resulted in the loss of commutation time, confinement in detention and … one-year prison sentence. 2 As of August 23, 2013, Cole had committed thirty-one institutional infractions, the most …
- A-3928-14T3 Opinionnjcourts.gov… 3 A-3928-14T3 In March 2012, plaintiffs filed a one-count complaint alleging defendant was negligent in failing to … during the event. Thereafter, plaintiffs filed an amended complaint. After defendant filed an answer, it moved for and … was granted leave to file an amended answer and third-party complaint naming Francis as a third-party defendant. …
- A-1970-15T4 Opinionnjcourts.gov… and Sufficient to "Undermine Confidence" In the Outcome. POINT [II] Viewed In The Light Most Favorable to … at 408. We held that defendant's ten-day period to object commenced only after the production of both the 9 … in the PCR proceeding does not address the effects of combining alcohol with Lorazepam. Thus, defendant is again …
- A-5393-14T1 Opinionnjcourts.gov… of eighteen months based upon the guilty plea did not become more burdensome after the plea. See Collins v. … must advise a client or defendant that if he or she commits future criminal offenses that there may be adverse … consequences of a conviction in the event that a defendant commits a future crime." Ibid. We noted, "generally …
- A-3389-14T2 Opinionnjcourts.gov… to dismiss the remaining counts in the indictment and recommend a twenty-two year sentence of imprisonment subject … interactions with his attorney and to observe and communicate directly with the defendant during the plea … of another counsel would not have affected the outcome of what happened at the trial court level. . . . . …
- A-0361-15T1 Opinionnjcourts.gov… under the first prong of Strickland, a defendant must overcome "a strong presumption that counsel's conduct falls … "a probability sufficient to undermine confidence in the outcome." Strickland, supra, 466 U.S. at 694, 104 S. Ct. at … defendant about the circumstances surrounding the commission of the offense. Defendant acknowledged his …
- A-3207-16T1 Opinionnjcourts.gov… its Departments." CNA, Article XX(A). This goal "shall be accomplished by providing for [the Borough's] [e]mployees … [by the Borough] to the Employee, following successful completion of the course." Ibid. The CNA does not set forth … are not part of the agreement. Having considered these points, we agree with certain contentions of both sides. We …
- A-1058-16T1 Opinionnjcourts.gov… [the video] was played for the Court and jury at this time, commencing at 3:14:35 p.m., with the witness narrating … effectively cross-examined Brittingham on the subject. In a comprehensive written opinion, Judge Linda L. Lawhun found … other testimony from Brittingham about the siren, the outcome of the trial would have been different. Defendant also …
- A-4872-17T1 Opinionnjcourts.gov… to five years probation, contingent upon his successful completion of drug court. The Law Division judge before … the officer explained was usually a reference to the jail's commissary. Perry checked commissary records and confirmed Miller put forty dollars in …
- A-0819-15T2 Opinionnjcourts.gov… his assailant. Following the assault, the uncle was in a coma for a week and he was hospitalized for almost three … 1 a.m. and 2 a.m. on April 29, 2014, he was woken by a commotion. T.C. got up and found his father on the mattress … Day! Leave, Day-Day! Day-Day! Please I got an ambulance coming - -." K.C. went on to explain to the 911 operator …
- A-3148-18T1 Opinionnjcourts.gov… Based Upon the Fact of Certain Convictions Rather than the Commission of the Crime. B. The Gubernatorial Pardon Removed … any special deference." Manalapan Realty v. Manalapan Twp. Comm., 140 N.J. 366, 378 (1995). 4 A-3148-18T1 When a … 2C:52-6 to contend he is eligible for expungement. He also points to In re L.B., 369 N.J. Super. 354 (Law Div. 2004), …
- A-3033-16T4 Opinionnjcourts.gov… v. 110 MINUE STREET, LLC, and HAMPSHIRE REAL ESTATE COMPANIES, Defendants/Third-Party Plaintiffs-Appellants, v. … percent of the annual property tax on Lot 1.01. By way of points on appeal, defendants contend: 9 A-3033-16T4 I. The … supported by the record. We thus conclude that defendants' points are so lacking in merit as to not warrant discussion …
- A-4461-16T1 Opinionnjcourts.gov… fee for a forensic accountant to evaluate whether his income had changed; and awarded plaintiff $1000 in attorney's fees; (2) a May 24, 2017 order directing him to comply with the first order or have his motion dismissed; … his motion to reduce his support obligations for failure to comply with the May 4, 2017 order. Having reviewed the …