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… Submitted December 4, 2017 – Decided Before Judges Messano and Vernoia. On appeal from Superior Court of New … apartment building in Woodbury. Bullock was found with a computer keyboard cord tied around her neck, and it was … 2012, defendant returned to their apartment and asked for assistance because he "got jumped." She saw defendant take …
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… v. ANTWAN J. HORTON, a/k/a ANATWAN HORTAN, ANTIONE JAMESON, ANTIONE JENKINS, ANTOINE SMITH, ANTOWNE HORTON, … shot based upon a mistaken belief that he or Cunningham had committed a burglary at a home the night before. Rivera … sequentially versus simultaneously; (7) whether a composite sketch was used; (8) whether the procedure was a …
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… Defendant Donnell Gideon was convicted by a jury as an accomplice to a homicide. He now appeals the denial of his … relief (PCR) based on a claim of ineffective assistance of counsel. Defendant contends that he was … alibi witnesses at his July 2007 murder trial. This case comes back to this court after two PCR remand hearings that …
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… twice. His defense at trial was that he lacked the requisite state of mind for murder because he never intended to … WITNESS AS TO AN UNCONTESTED PRIOR PROFESSIONAL ERROR COMMITTED BY THAT EXPERT. 1 The first trial ended in a … into the call. Biverfeld dispatched emergency medical assistance to the Hartsfield residence, instructed defendant …
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… an off-duty Newark police officer, Daniel DeAmorim, and his companion, S.J.,2 at the Swan Motel in Linden. In addition, … attention. Green told them he had been shot multiple times but declined their offer to call an ambulance. A man, … A-2342-13T3 12 POINT III THE PROSECUTOR WENT BEYOND FAIR COMMENT ON THE EVIDENCE AND TAINTED THE FAIRNESS OF THE JURY …
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… not monitoring B.B.'s diabetes and that she would go into "complete meltdown" when she failed to take her medications. … to show she had received the 26 A-4265-14T2 prerequisite mental health treatment for visitation to cooperate and … Mother has such a right, she fails to show ineffective assistance. To show ineffective assistance, a parent must …
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… by a jury, defendant T.R.G. was convicted of sexual crimes against his step-granddaughters. On March 23, 2015, the … with his fingers. Defendant would stop if he heard someone come to the door. Ann said "it hurted" when she tried to go … matter, we will not now address defendant's ineffective assistance of counsel claim. His attorney's decisions …
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… business. 8 A-3856-18 agreement, the State agreed to recommend an aggregate sentence of seventeen years' … directly from defendant established 11 A-3856-18 the requisite probable cause for the issuance of the warrant. See … motions, these defenses were colorable" and his ineffective assistance of counsel claim "credibly showed why these …
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… March 21, 2022 – Decided August 4, 2022 Before Judges Messano, Rose, and Enright. On appeal from the Superior … BEING DEPRIVED OF A FAIR TRIAL.[1] POINT II THE PROSECUTOR COMMITTED MISCONDUCT WHEN HE MADE EGREGIOUS COMMENTS DURING … said his daughter, who was not in the VFW that night, visited him in the hospital and told him she thought she knew …
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… CITY POLICE DEPARTMENT, JERSEY CITY POLICE CHIEF THOMAS J. COMEY, and CITY OF JERSEY CITY, Defendants-Respondents/ NOT … Shortly after Figueroa moved in with Calderon, Bruno visited the apartment to see Damien. A few weeks later, on … in municipal court. Colon did not treat the matter as a domestic violence incident because he thought of it as merely …
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… supervision for life, N.J.S.A. 2C:43-6.4, and ordered to comply with the registration requirements imposed by Megan's … mistrial. The court provided a curative instruction to this comment later in the trial. P.R. also denied telling the … COULD NOT INFER THAT DEFENDANT WAS MORE LIKELY TO COMMIT CRIMES BECAUSE OF DEFENDANT'S TESTIMONY THAT HE HAD BEEN …
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… the State from presenting certain laboratory evidence, compel the State to provide additional discovery, and … use of hotel rooms and automobiles in drug-distribution schemes and the packaging of 2 During trial, the court conducted … find beyond a reasonable doubt that he possessed the requisite quantities of CDS to be found guilty on counts six, …
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… and denying their cross-motion for leave to file an amended complaint. On January 15, 2016, Marigold filed suit against … Arumugam as "Tony" and Shaukat Kassam as "Sam," the names used to refer to them at trial. In addition, we refer to … and documentary evidence revealed that Tony provided Rakesh assistance in locating and securing retail leases, …
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… proceeding, and remanded the matter for a new trial to be completed within sixty days. Id. at 470-75. We also noted … was harmed, meaning that any harm attributed to have been visited upon either girl was derived from the harm to Chip. … trial, visits took place with the resource parents, sometimes lasting up to six hours. The girls' resource parents 9 …
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… FOR THE JURY. (NOT RAISED BELOW). POINT II THE TRIAL COURT COMMITTED PLAIN ERROR BY FAILING TO INSTRUCT THE JURY WITH A … A-4454-16T2 POINT III [DEFENDANT] WAS DEPRIVED OF EFFECTIVE ASSISTANCE OF COUNSEL DUE TO COUNSEL'S FAILURE TO OBJECT TO … contact with his son. On June 15, 2015, defendant visited G.J. and his son at her North Bergen apartment where …
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… make out a prima facie (but rebuttable) case of ineffective assistance of counsel and involuntariness. On all other … told him "he wanted . . . Huff killed because he was messing around with his wife." Loatman had known defendant … Huff's residence, and on what to do after the murder was complete. He told them to walk along a guardrail to avoid a …
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… argues in a pro se supplemental brief that the prosecutor committed misconduct during both the charging process and at … they [had] developed a suspect [defendant,]" and requested assistance with a photo array. Lieutenant Jacoby testified … FACTORS TO DROP BY ONE 15 A-4829-18 DEGREE THE ROBBERY CRIMES, REQUIRES APPELLATE REVIEW TO MODIFY THE CONVICTION …
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… December 7, 2021 – Decided January 27, 2022 Before Judges Messano and Rose. On appeal from the Superior Court of New … of second- degree possession of a handgun in the course of committing a drug crime, N.J.S.A. 2C:39-4.1(a) (counts nine, … stolen guns. The information received is fed into a computer. Upon receipt of inquiries concerning stolen guns …
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… LLC, Plaintiff-Appellant, v. FRANKLIN MUTUAL INSURANCE COMPANY, Defendant/Third-Party Plaintiff-Respondent, v. … "Gina" Martorana formed Margin, admittedly with the assistance of Ornstein, to acquire some of BCP's property at … or other charges on the building. Id. at 140. The insurer posited that, "upon information and belief . . . [the] …
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… told defendant that what he was now stating "sound[ed] completely different than when [they] spoke earlier," and … Okay? You're there. All right? You didn't – you didn't come back. You didn't walk the trails for four hours [by] … has been placed in custody is fact-sensitive and sometimes not easily discernable." State v. Scott, 171 N.J. 343, …