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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0544-23 STATE OF NEW JERSEY, Plaintiff-Respondent, v. WILLIAM T. … of the case." The court "found counsel to be experienced, competent, truthful and credible." In contrast, the court … be given pipeline retroactivity. State v. Adkins, 221 N.J. 300, 311-13 (2015). Under the totality of circumstances …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0406-23 STATE OF NEW JERSEY, Plaintiff-Appellant, v. ASHON Q. MILLER … probable cause that a criminal offense ha[s] been committed and that additional contraband might be present." … facility. N.J.S.A. 2C:35-10c." State v. Cohen, 254 N.J. 308, 328 (2023). Thus, the Court confirmed that N.J.S.A. …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-4376-17T1 STATE OF NEW JERSEY, Plaintiff-Respondent, v. JUAN SOTO, … denied defendant's motion. In a written opinion that accompanied his order, Judge Massi first noted that … of proscribed criminal or quasi-criminal conduct. State v. Hoffman, 149 N.J. 564, 581 (1997) (citing Screws v. United …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-1653-14T1 STATE OF NEW JERSEY, Plaintiff-Respondent, v. KONSTADIN … 189, 193 (1986). 2 Although the indictment identifies the complaining witness by her complete name, we use only her … . . . we can break and I can reinforce that. It's 12:30 [p.m.] I can reinforce that. THE COURT: I want to …
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… portions of any opinion may not have been summarized.) State of New Jersey v. Raymond Daniels (A-90-13) (073504) … of a trial record that included evidence establishing an incomplete affirmative defense, the Court considers the … facts to the elements of a 4 See State v. Powell, 84 N.J. 305, 319 (1980) (acknowledging that when record facts “would …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-3894-15T4 STATE OF NEW JERSEY, Plaintiff-Respondent, v. JAVIEL TORO, … a psychological evaluation to determine whether he was a compulsive and repetitive sex offender. Defendant testified … five-years in prison with no parole disqualifier. On June 30, 2015, defendant filed a petition for PCR. In his …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-3558-16T3 STATE OF NEW JERSEY, Plaintiff-Respondent, v. CARROLL T. … Bellisimo, where he ate dinner between 11:00 p.m. and 11:30 p.m. 1 Miranda v. Arizona, 384 U.S. 436 (1966). 4 … The matter was adjourned to February 24, 2014 because of incomplete discovery. The municipal prosecutor provided …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-3659-19 STATE OF NEW JERSEY, Plaintiff-Respondent, v. M.S.,1 … State v. M.S., No. A-4928-15 (slip op. 15) (App. Div. July 30, 2018), certif. denied, 236 N.J. 612 (2019). The details … a forensic examination was performed and a rape kit was completed. Id. at 4. Semen was detected in the swab taken …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-1513-19 STATE OF NEW JERSEY, Plaintiff-Respondent, v. TERRI BAILEY, … count, and the State moved to sentence him as a persistent offender pursuant to N.J.S.A. 2C:44-3(a). The judge granted … extended, 1 N.J.S.A. 2C:43-7.2 is the No Early Release Act, commonly referred to as NERA. 3 A-1513-19 twenty-five-year …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-4002-15T3 STATE OF NEW JERSEY, Plaintiff-Respondent, v. RICHARD JONES, … guilty plea, have insufficient merit to warrant extended comment. R. 2:11-3(e)(2). 10 A-4002-15T3 "Generally, a … "statutory" agents of the Legislature. Kagan v. Caroselli, 30 N.J. 371, 379 (1959). Moreover, municipal courts and the …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-4646-17 STATE OF NEW JERSEY, Plaintiff-Respondent, v. GIVER J. … it was only as to that charge. So I've asked everyone to come back, reconvene . . . so that I could correct that … applicable here. See State v. Carrero, 229 N.J. 118, 129-30 (2017). This was a calculated, purposeful, knowing …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-3389-22 STATE OF NEW JERSEY, Plaintiff-Respondent, v. MARK SETTE, … another resentencing, defendant now appeals from a June 30, 2023 judgment of conviction (JOC). The crux of his … fairness of an [eighty]-year 4 A-3389-22 aggregate term, comprised of four consecutive sentences. (5). The …
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… portions of any opinion may not have been summarized.) State v. Edward Ronald Ates (A-52-12) (070926) Argued … permits intercepting and monitoring out-of-state communications in New Jersey. The jury found defendant … For example, in United States v. Rodriguez, 968 F.2d 130 (2d Cir.), cert. denied, 506 U.S. 847 (1992), the Second …
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… Court and may not summarize all portions of the opinion. State v. Kyle A. Smart (A-6-22) (087315) Argued November 28, … under Witt. On August 4, 2021, Officer Louis Taranto commenced surveillance in front of a condominium complex … to the warrant requirement. State v. Manning, 240 N.J. 308, 329 (2020); see also United States v. Matlock, 415 U.S. …
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… portions of an opinion may not have been summarized. State v. Randy K. Manning (A-10-18) (080834) Argued … including one for a wiretap of, and another for further communications data from, defendant’s cell phone. According … for phone records and wiretaps. Sometime between 4:00 and 4:30 a.m. on August 16, 2011, a resident of Village Circle …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0086-21 STATE OF NEW JERSEY, Plaintiff-Respondent, v. DAVID CORREA, … Defendant David Correa appeals the Law Division's April 30, 2021 denial of his first petition for post-conviction … of PCR but remand for the court to resentence defendant to comply with State v. Torres, 246 N.J. 268 (2021). I. On …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2646-15T2 STATE OF NEW JERSEY, Plaintiff-Respondent, v. GABINO RIVERA, … the welfare of a child, S.M.1 He contends fresh- complaint testimony from S.M.'s stepsister A.S. was … pain, or resentment." Webster's New Collegiate Dictionary 230 (1977); accord Merriam-Webster's Collegiate Dictionary …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0554-20 STATE OF NEW JERSEY, Plaintiff-Respondent, v. JAHI BEATTY, … possession of a handgun, and first-degree conspiracy to commit murder. Exum was found guilty of first-degree … 353 (2020) (quoting Rhode Island v. Innis, 446 U.S. 291, 301 (1980)). 16 A-0554-20 To admit a statement obtained …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2847-23 STATE OF NEW JERSEY, Plaintiff-Respondent, v. MARK P. … that given the fact that the defense was "entirely incompatible with a claim of self-defense," there was "no … failure to charge self-defense." McCaffrey, slip op. at 30-31. In reaching that conclusion, we detailed the proofs …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0538-21 STATE OF NEW JERSEY, Plaintiff-Respondent, v. RICHARD L. … to remand this matter for resentencing pursuant to State v. Comer, 249 N.J. 359 (2022), because he was eighteen years … for juveniles outlined in Miller. 227 N.J. at 428-30. The Court held Miller's requirement "that a sentencing …