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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… Submitted April 1, 2019 – Decided April 10, 2019 Before Judges Haas and Mitterhoff. On appeal from Superior … 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 …
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njcourts.gov
… Submitted November 1, 2018 – Decided Before Judges Whipple and DeAlmeida. On appeal from Superior … 2C:15-1; first degree felony murder while attempting to commit robbery, N.J.S.A. 2C:11-3(a)(3); first degree felony murder while attempting to commit kidnapping, N.J.S.A. 2C:11-3(a)(3); first 3 …
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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… Submitted November 28, 2016 – Decided Before Judges Sabatino and Nugent. On appeal from Superior … 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 …
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njcourts.gov
… Submitted January 31, 2017 – Decided Before Judges Yannotti and Gilson. On appeal from the Superior … to distribute. In the plea agreement, the State agreed to recommend a sentence of ten years of imprisonment with … fifty-four months of parole ineligibility. The plea also recommended that the sentence be served concurrent to any …
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njcourts.gov
… Argued January 19, 2017 – Decided May 15, 2017 Before Judges Fuentes, Simonelli and Gooden Brown. On appeal … 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 …
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njcourts.gov
… Submitted December 21, 2016 – Decided Before Judges Simonelli and Gooden Brown. On appeal from the … 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 …
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njcourts.gov
… ________________________________ 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… Submitted February 26, 2018 – Decided Before Judges Sabatino and Rose. On appeal from Superior Court … its Departments." CNA, Article XX(A). This goal "shall be accomplished by providing for [the Borough's] [e]mployees … are not part of the agreement. Having considered these points, we agree with certain contentions of both sides. We …
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njcourts.gov
… Submitted March 1, 2018 – Decided Before Judges Simonelli and Rothstadt. On appeal from the … [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 …
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njcourts.gov
… Argued January 3, 2022 – Decided January 21, 2022 Before Judges Accurso and Rose. On appeal from the Superior … acts. In May 2017, defendant was charged in a two-count complaint-warrant with second-degree sexual assault, … appeal followed. On appeal, defendant raises the following points for our consideration: POINT I THE TRIAL COURT ERRED …
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njcourts.gov
… Argued November 9, 2021 – Decided January 18, 2022 Before Judges Hoffman, Geiger and Susswein. On appeal from the … reasons explained in Judge James-Beavers' thoughtful and comprehensive oral decision, we need only briefly summarize … On August 2, 2020, plaintiff filed a domestic violence complaint and obtained a temporary restraining order (TRO) …