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… Argued February 28, 2017 – Decided Before Judges Fasciale and Gilson. On appeal from Superior … 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 …
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… Submitted February 7, 2017 – Decided Before Judges Espinosa and Suter. On appeal from Superior … 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 …
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… Submitted October 26, 2016 – Decided Before Judges Fuentes and Gooden Brown. On appeal from the … 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 …
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… Submitted January 25, 2017 – Decided Before Judges Accurso and Manahan. On appeal from Superior … 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 …
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… ________________________________ Argued December 7, 2016 Before Judges Higbee and Manahan. Telephonically reargued … 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 …
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… Submitted May 25, 2017 – Decided Before Judges Lihotz and O'Connor. On appeal from Superior … Among other things, emancipation was to occur "upon the completion of the child's college education." The agreement … She also complains the court failed to rule on the other points of relief she sought in her notice of cross-motion. …
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… Submitted March 22, 2021 – Decided April 12, 2021 Before Judges Fasciale and Susswein. NOT FOR PUBLICATION … fourteen years old. In January 2019, the child began complaining of a headache and passed out shortly after. He … aneurism arise. On appeal, the mother raises the following points for this court's consideration: POINT I THE …
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… CONSTRUCTION, LLC, FLORIO ENTERPRISES, LIMITED LIABILITY COMPANY, 146-152 HAMILTON, LLC, 210-220 GOVERNOR, LLC and … CHARLES FLORIO, Third-Party Defendants- Respondents, NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … 16th Ave, Hamilton, and Governor, are limited liability companies related to Prime that own the properties on which …
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… Submitted February 25, 2020 – Decided April 7, 2020 Before Judges Hoffman and Firko. On appeal from an … whether at the moment of seizure, the officer had at his command sufficient facts supporting a person of reasonable … warrant the limited intrusion upon the individual's freedom. [Davis, 104 N.J. at 504 (citations omitted).] The …
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… Submitted October 1, 2020 – Decided Before Judges Ostrer and Enright. On appeal from the Superior … 1989, defendant pled guilty to second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:15-1; … the State agreed to dismiss other pending charges, and recommended a maximum sentence of forty years with a …
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… Submitted May 26, 2020 – Decided July 9, 2020 Before Judges Sumners and Natali. On appeal from the Superior … 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 …
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… Submitted May 11, 2020 – Decided July 10, 2020 Before Judges Rothstadt and Moynihan. On appeal from the … 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 …
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… Submitted May 5, 2021 – Decided June 10, 2021 Before Judges Ostrer and Enright. On appeal from the Superior … for the reasons set forth in Judge Michael J. Donohue's comprehensive written opinion dated October 17, 2019. Judge … order on February 4, 2020. On appeal, defendant renews the arguments he raised before Judge Donohue, as …
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… Submitted February 26, 2020 – Decided February 2, 2021 Before Judges Fuentes, Mayer and Enright. On appeal from the … 27, 2014.3 On February 18, 2015, defendant negotiated a comprehensive plea agreement with the State that resolved … from high school, PCR counsel argued that "the main points here have to do with his illiteracy in the sense that …
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… Submitted September 21, 2020 – Decided Before Judges Currier and DeAlmeida. On appeal from the … he could easily identify the robber because he had come to the gas station to try to sell him a bicycle three … from the gas station. According to Cruz, after defendant completed his purchase, he returned to the car. As Cruz …
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… Argued January 21, 2020 – Decided February 4, 2020 Before Judges Fasciale and Rothstadt. On appeal from the … is limited. R. 1:36-3. 2 A-2113-18T2 PER CURIAM In his complaint, plaintiff alleged that defendant violated his … accident—probable cause existed to charge plaintiff with committing these offenses. Plaintiff appeals arguing: POINT …
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… Submitted December 17, 2019 – Decided Before Judges Yannotti and Currier. On appeal from the … Indictment No. 95-07-2488. Harbatkin & Levasseur, attorneys for appellant (Audwin Frederick Levasseur, on the briefs). … 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. …
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… Defendant-Appellant. Submitted October 3, 2019 – Decided Before Judges Alvarez and Nugent. On appeal from the Superior … 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 …
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… Submitted December 18, 2019 – Decided Before Judges Mayer and Enright. On appeal from the Superior … prosecution's evidence in this case was strong and not complicated. The victims testified that defendant pulled the … attorney regarding: (1) whether trial counsel failed to competently and adequately represent defendant concerning …
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… APPELLATE DIVISION DOCKET NO. A-3148-18T1 IN RE PETITION FOR EXPUNGEMENT OF THE CRIMINAL RECORD BELONGING TO T.O. … Based Upon the Fact of Certain Convictions Rather than the Commission of the Crime. B. The Gubernatorial Pardon Removed … 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), …