-
njcourts.gov
… alcohol emanating from the vehicle. Defendant said he was coming from a friend's house. He initially denied drinking … also found the leg raise test was properly stopped before completion for defendant's safety. She noted, based on the … pending appeal. On appeal, defendant raises the following points for our consideration. POINT I THERE WAS NOT …
-
njcourts.gov
… . . . ." Id. at 689. As such, a defendant "must overcome the presumption that, under the circumstances, the … 11 A-0215-23 To satisfy the second prong "[t]he error committed must be so serious as to undermine the court's … doubt to the jury; [t]herefore possibly changing the outcome of the trial." Defendant's argument fails to overcome …
-
njcourts.gov
… a temporary restraining order (TRO) wherein she alleged he committed harassment and stalking. Esposito was served with … to a friend's home." Sergeant Wetklow testified that he recommended Esposito's application be denied. On October 12, … granted than if it were." McNeil v. Legis. Apportionment Comm'n, 176 N.J. 484, 486 (2003) (LaVecchia, J., dissenting) …
-
njcourts.gov
… for the reasons set forth by the trial court in its comprehensive written decision. I. We incorporate the facts … sexual assault, N.J.S.A. 2C:14-2(a)(1), for offenses he committed while he was a juvenile, between the ages of ten … a tier determination, a registrant may argue, among other points, that "the case falls outside the 'heartland' of …
-
njcourts.gov
… to the church and speak with a police officer there. They complied. Police used OnStar to locate the Cadillac, which … attorney was ineffective by failing to: (1) "consult," "communicate," and "review discovery" with defendant; (2) … the incident, would have "stated that [defendant] did not commit the offenses" because defendant "was outside" of the …
-
njcourts.gov
… Pursuant to the parties' plea agreement, the State recommended dismissing the remaining charges. During the plea … his behavior to his drug addiction. Consistent with the recommendations in the plea agreement, the judge sentenced … assistance of counsel. Defendant raises the following points for our consideration: POINT I THE PCR COURT ERRED IN …
-
njcourts.gov
… would also be dismissed. 3 A-1875-21 ensuring that the plea complied with the requirements of Rule 3:9-2, the trial … 11, 2022, Judge Colleen M. Flynn issued an order and accompanying written opinion denying defendant's petition … In this ensuing appeal, defendant raises the following points for our consideration: POINT I DEFENDANT WAS ENTITLED …
-
njcourts.gov
… in a right shoulder fracture and neck fracture. He complained of limited range of motion and severe pain in his … injury but could not return to work based on his shoulder complaints because there were no positions available for … ALJ's decision. 5 A-1008-21 Camacho raises the following points on appeal: POINT I THE [ALJ] AND THE BOARD FAILED TO …
-
njcourts.gov
… against medical advice. He texted his wife and asked her to come pick him up. She refused because defendant had numerous … defendant was screaming for the younger daughter to come get him, not realizing both plaintiff and the older … N.J. 458, 476 (2011). III. Defendant raises the following points on appeal: POINT I THE DEFENDANT WAS DENIED A FULL …
-
njcourts.gov
… manslaughter. The agreement specified the State would recommend a custodial sentence not to exceed twelve years, … by Dr. Sean Hiscox in November 2021. The State presented a competing report by Dr. Louis Schlesinger issued in February … offender. In his brief on appeal, defendant presented these points: POINT I THE SENTENCE MUST BE VACATED AND REMANDED …
-
njcourts.gov
… trial court to instruct a jury on the difference between accomplice and principal murder was not error, because the … might have harbored a doubt about whether defendant had committed the murder by his own conduct. . . . 3 A-1865-21 Here, the jury was not charged on accomplice liability, and the State, in summation, argued that …
-
njcourts.gov
… New Jersey consumer lender. On May 24, 2013, LVNV filed a complaint in the Bergen County Special Civil Part seeking … outstanding account balances. In May 2019, Costello filed a complaint in the Essex County Civil Division (Essex County … otherwise challenge the settlement agreement and received compensation under its terms. Almost four years later, in …
njcourts.gov
… him and the family. Defendant also told Thomas he put the bodies in his friend's car, drove to the house, dismembered … the PCR court denied all of defendant's claims, issuing comprehensive statements of reasons supporting each order. … of the case. Defendant appeals, raising the following points: I. DEFENDANT ESTABLISHED HIS ENTITLEMENT TO …
njcourts.gov
… One officer explained that in his experience people who commit criminal acts west of Hillside often flee east on the … was under [twenty-six] years of age at the time of the commission of the offense." Ibid. Defendant argued that the … that although Miller and Zuber concerned defendants who committed crimes when they were juveniles, the holdings in …
njcourts.gov
… alleged oral agreement such that dismissal of plaintiff's complaint was therefore unwarranted at such an early stage … Smith, slip op. at 1-2. On remand, plaintiff amended her complaint to add the Malavasis as defendants and asserted a … of the then-pending appeal." We disagree with each of these points. We review a trial judge's decision to award counsel …
njcourts.gov
… of Route 24 and Interstate 78 in order to view traffic coming from the direction of the Shell station. Officer … This appeal followed. II. Plaintiff raises the following points on appeal: POINT I THE TRIAL COURT ERRED IN DENYING … not squarely addressed by the trial court. The State also points to portions of the PSR, which suggest defendant was …
njcourts.gov
… State v. Frost, 158 N.J. 76, 83 (1999)). "If, after completing such a review, it is apparent 6 A-1009-20 . . . … the prosecutor asked Severe: Now, I think that the ladies and gentlemen of the jury would like to know, sir, did … he doesn’t have the gun. This is a not unfamiliar tactic, ladies and gentlemen. The defense is conceding the narcotics …
njcourts.gov
… Prior to the divorce, defendant had an interest in two companies, Global Essence, Inc., and Global Essence UK, Ltd. … shareholder] and [defendant led] to tension in the company." Defendant, who was sixty-five years old at the … due to . . . defendant's retirement and/or loss of income." Defendant filed a case information statement showing …
njcourts.gov
… New Jersey Department of Environmental Protection, Spill Compensation Fund. Stuart J. Lieberman argued the cause for … the property. The Department addressed Branch's three points. The Department argued that even if Branch were not a … 58:10-23.11g(c)(1). Therefore, it may pursue its remedies against responsible parties at its discretion. See …
njcourts.gov
… denied his motions to suppress physical evidence, and to compel production of the arresting officers' personnel … 2C:35-5(a)(l) and (b)(2). The State also agreed to recommend an aggregate sentence of five years in state prison … offenses, defendant filed three motions that sought to compel production of the arresting officers' personnel …