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njcourts.gov
… probability is a probability sufficient to undermine the outcome." Id. at 694. Defendant's claims are unquestionably … result in a fundamental 6 A-1237-19 injustice." "Absent compelling, extenuating circumstances, the burden to justify … a defense attorney must advise a client that if he or she commits future criminal offenses there may be adverse …
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njcourts.gov
… indictment counts would be dismissed. The State would recommend that defendant be sentenced to drug court probation … you were in the pharmacy was . . . it your intention to commit a theft? The Defendant: Yes. [Defense Counsel]: And … a security guard attempted to stop defendant[,] he became combative and assaultive with the guard." In accordance with …
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njcourts.gov
… assistance of counsel (IAC) "due to counsel's fail[ure] to communicat[e]." In an unsigned certification, defendant … supporting brief, defendant argued his attorney failed to communicate and "review discovery with [him]" to assist "in … State v. Fritz, 105 N.J. 42, 49-53 (1987), or that the outcome would have been different without the purported …
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njcourts.gov
… because she was wearing dark clothing. According to the complaint, "decedent . . . attempted to cross … intersections located near where decedent was hit by an oncoming car, she elected to enter the roadway at a point not … roadway because the sidewalk ended. However, plaintiff's complaint and counterstatement of undisputed facts in …
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njcourts.gov
… found trial counsel's request for an investigation and a concomitant investigation report in the regional trial file. …
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njcourts.gov
… pursuant to a plea agreement, to one count of conspiracy to commit possession with intent to distribute a controlled …
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njcourts.gov
… verification of [AA/NA] meetings, sponsor, home group and commitment," and failing to make any payment toward his … defendant offer any excuse for not reporting his ongoing compliance with treatment to the probation department. After … failure to inform the probation department of his treatment compliance. Affirmed. … a2126-17.pdf … A-2126-17T4 …
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njcourts.gov
… ineffective, the Supreme Court has stated: PCR counsel must communicate with the client, investigate the claims urged by … PCR counsel had not even reviewed the file, based on comments to the court in oral argument that betrayed … on his brief at oral argument would have changed the outcome of Judge Paone's decision especially where, as here, …
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njcourts.gov
… and control the business, affairs, and operations of the Company[.]" 1 Kramer, Smith, and Torres asserted the … the final judgment. On appeal, Valvano raises the following points for our review: I. THE COURT COMMITTED REVERSIBLE … comments. We decline to address Valvano's first three points, as he failed to raise the defenses of laches, …
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njcourts.gov
… been able to knock on the back door of the apartment and accomplish an entry that was unforced does not render their …
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njcourts.gov
… 4 A-3688-16T2 on the record in an oral decision and in an accompanying eleven-page written statement of reasons dated … attorney failed to advise him of the parole disqualifier component of his plea and to fully explain its consequences. … oral and written decisions. We add only the following comments. The standard for determining whether counsel's …
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njcourts.gov
RECORD IMPOUNDED SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0820-15T3 STATE OF NEW JERSEY, Plaintiff-Respondent, v. C.J.M.-G., Defendant-Appellant. ________________________________ Submitted May 30, 2017 – Decided Before Judges Haas and …
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njcourts.gov
… driving while under the influence, conditioned on the outcome of the appeal. The other charges were dismissed. … criminal prosecution after discovering an offense has been committed." State v. Aguirre, 287 N.J. Super. 128, 131-32 … found a sixteen-month delay too long when the case was not complicated, there was no justification for the delay, and …
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njcourts.gov
… accident. He "dialed 911 and asked for an ambulance to come to [his] address." Defendant's trial counsel declined … evidentiary hearing, after setting forth his reasons in a comprehensive oral opinion. As to trial counsel's alleged … a probability sufficient to undermine confidence in the outcome." State v. Harris, 181 N.J. 391, 432 (2004) (quoting …
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… 41, 54 (1997)). Accordingly, a trial judge must deliver "a comprehensible explanation of the questions that the jury … guilty of aggravated criminal sexual contact if he [or she] commits an act of sexual contact with the victim under any … beyond a reasonable doubt: (1) that defendant purposely committed an act of sexual contact with the victim; (2) at …
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njcourts.gov
… of law, we affirm. On June 27, 2015, defendant was issued a complaint-summons for DWI in violation of N.J.S.A. 39:4-50. … judge's legal conclusions. Manalapan Realty, LP v. Twp. Comm. of Manalapan, 140 N.J. 366, 378 (1995). Defendant …
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njcourts.gov
… "wanted to withdraw the charges." The prosecutor would not comply, and thereafter Flores attended each of defendant's …
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njcourts.gov
… are so manifestly unsupported by or inconsistent with the competent, relevant and reasonably credible evidence as to … we review it de novo. Manalapan Realty, LP v. Twp. Comm. of Manalapan, 140 N.J. 366, 378 (1995). Both parties … the trial involved the only remaining count of an amended complaint alleging fraud in the inducement. That allegation …
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njcourts.gov
… probability" that the deficient performance affected the outcome. Fritz, 105 N.J. at 58. The array of inadequate … N.J. 339, 380 (2012)). 5 A-5070-16T4 translator" when he completed the plea form. The judge further found that the … for second-degree possession of a weapon during the commission of a CDS-related offense, N.J.S.A. 2C:39-4.1(a) …
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njcourts.gov
SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-3199-15T4 STATE OF NEW JERSEY, Plaintiff-Respondent, v. JUAN TOMAS-AGUILAR, Defendant-Appellant. ___________________________ Submitted September 19, 2017 – Decided Before Judges Hoffman and …