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- A-1687-19 Opinionnjcourts.gov… Yes. . . . . 3 A-1687-19 Q. Did you have a full and complete opportunity to discuss the charge against you and … "must be satisfied from the lips of the defendant that he committed the acts which constitute the crime." Id. at 406 … court is "satisfied from the lips of the defendant that he committed the acts which constitute the crime." Tate, 220 …
- A-0546-20 Opinionnjcourts.gov… for a final extreme risk protective order (FERPO) that compelled D.J. to surrender his firearms. We affirm. NOT FOR … replied affirmatively both times. Because the court fully complied with the requirements of the Directive, D.J.'s …
- A-1698-15T1 Opinionnjcourts.gov… his motion to dismiss the indictment. POINT ONE THE COURT COMMITTED [REVERSIBLE] ERROR IN ITS DETERMINATION OF WHEN … to Rivera, the driver of the Chevy failed to heed his command to pull over and drove away at a high rate of speed. … must establish a prima facie case that a crime has been committed and that defendant committed it. State v. Hogan, …
- A-3519-13T3 Opinionnjcourts.gov… to attend. Evelyn Currier testified that her husband completed a twenty-eight-day drug and alcohol program in … that clear and convincing evidence established Currier committed the violations, which she deemed "serious and … conviction for [DUI]. It appears based on subject's non- compliance that he is unwilling or unable to comply with …
- A-2026-17T2 Opinionnjcourts.gov… of the grand jury minutes. Defendant's reply included a computer aided dispatch (CAD) report. In an order dated … for reconsideration. In an order dated November 22, 2017, accompanied by a letter-opinion, the trial judge denied the …
- A-3043-18T1 Opinionnjcourts.gov… Party Plaintiff-Respondent, and XIN CAO, Defendant, v. DIEGO LOMBARDO, Third-Party Defendant/ Appellant. … Properties, LLC (Central Jersey) and third-party defendant Diego Lombardo appeal from the March 4, 2019 judgment of the … as a tenant. Although Cao is named as a defendant in the complaint, the judgment was entered in favor of Shang only. …
- A-3662-19 Opinionnjcourts.gov… a probability sufficient to undermine confidence in the outcome." Id. at 694. "[I]f counsel's performance has been so …
- A-2232-19 Opinionnjcourts.gov… STATE OF NEW JERSEY, Plaintiff-Respondent, v. DAVID COMPANIONI, Defendant-Appellant. ________________________ … cases is limited. R. 1:36-3. 2 A-2232-19 Defendant David Companioni appeals from the November 21, 2019 Law Division … N.J.S.A. 2C:35-14, with conditions including the successful completion of a long-term in-patient drug program. Defendant …
- A-4750-18 Opinionnjcourts.gov… assistance of counsel: The petitioner asserts these shortcomings prejudiced his case; however, he has failed to … assistance of counsel outside the scope of professional competent assistance. Therefore his claim of ineffective … that defendant's bare assertions impugning the professional competence of his attorney does not 6 A-4750-18 satisfy …
- A-1318-19 Opinionnjcourts.gov… TO INEFFECTIVE ASSISTANCE OF APPELLATE COUNSEL, FAILURE TO COMMUNICATE WITH APPELLANT [AND] DILIGENTLY REVIEW TRIAL AND …
- A-1210-19T1 Opinionnjcourts.gov… the party and the declarant were participating in a plan to commit a crime . . . and . . . made [it] in furtherance of … evidence of defendant's participation in a conspiracy to commit the crimes." Ibid. If so, "defendant's conviction … for the reasons expressed by the trial court in its comprehensive oral decision. We find that the decision was …
- A-2724-18T1 Opinionnjcourts.gov… THE AMPLE DOCUMENTATION SUPPLIED BY . . . WARNOCK AND THE COMPLETE LACK OF ANY BASIS TO SUPPORT THE DENIAL OF THE …
- A-4141-17T2 Opinionnjcourts.gov… of the remaining charges: second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2 and 2C:15-1; and … R. 2:11-3(e)(2). We therefore affirm, adding only a few comments. We agree with the parties that the summonses were …
- A-4940-17T1 Opinionnjcourts.gov… unlawful purpose, N.J.S.A. 2C:39-4(a)(2), and the State's recommendation of a three-year prison sentence with one year … that the offense to which defendant pleaded guilty did not come under the Graves Act.1 The prosecutor explained the … sale to a third person,2 thereby justifying the State's recommended sentence under the Graves Act. Defendant upheld …
- A-0757-18T1 Opinionnjcourts.gov… to ensure defendant was informed of the potential of civil commitment under the Sexually Violent Predator Act, N.J.S.A. … and sixteen. Defendant is required to submit "sufficient competent evidence" to satisfy the standards for relaxing …
- A-3286-18T4 Opinionnjcourts.gov… evaluate 3 A-3286-18T4 him to determine if he was mentally competent or suffered from diminished capacity. Defendant … denied defendant's petition. Regarding the mental health, competency, and alleged diminished capacity, the judge … trigger an obligation of trial counsel to . . . request a competency evaluation. Also, . . . in the PCR record, …
- A-5735-17T1 Opinionnjcourts.gov… Super. 154, 170 (App. Div. 1999). PCR petitions must be "accompanied by an affidavit or certification by defendant, or … counsel's performance was deficient, are untethered to any competent evidence and therefore, defendant has failed to …
- A-1817-18T3 Opinionnjcourts.gov… OF HARM AND OF IMMINENT RISK OF HARM WERE NOT SUPPORTED BY COMPETENT, RELEVANT AND CREDIBLE EVIDENCE. The Law Guardian … to proceed under a Title 30 termination of parental rights complaint. 4 A-1817-18T3 findings and legal conclusions … supports Judge Suh's findings. We add the following brief comments and highlight some significant conclusions in the …
- A-2804-18T1 Opinionnjcourts.gov… term of twenty years for first- degree conspiracy to commit murder on a second victim, N.J.S.A. 2C:5-2 and … 2C:39-5(b), to be served consecutively to the conspiracy to commit murder.1 His convictions and sentence were affirmed. … the defense of duress, after he was allegedly instructed to commit the murder, defendant could have contacted police and …
- C-231-18 Opinionnjcourts.gov… NOT TO BE PUBLISHED WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS SUPERIOR COURT OF NEW JERSEY CHANCERY … HON. EDWARD A. JEREJIAN, P.J.Ch. This matter comes before the Court by way of Cross-Motion by Blank Rome … the dispute.” Id. at 484-85 (emphasis added). As the court points out both in our October 1, 2018 order, as well as …