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… July 8, 2016 order dismissing his legal malpractice complaint against defendant for failure to file an affidavit … sustained in jail. Plaintiff also filed a legal malpractice complaint against defendant in the district court. That court subsequently dismissed the legal malpractice complaint, and, with the exception of plaintiff's malicious …
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… of voluntary intoxication. We rejected both of those points. State v. Adams, No. A-0727-11, slip op. at 5-11. In … 14, 2017 oral opinion. We only add a few amplifying comments. We fully agree with Judge Rosero that the victim's …
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… mind." Defendant claimed that the victim wanted to commit suicide due to her addiction and he killed her … if she killed herself. Counsel attached four letters from family and a friend attesting 5 A-4930-16T3 to defendant's …
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… his attorney pursued a "bizarre" trial strategy; did not communicate with him about the strategy before trial; and … gave him cash to purchase guns, a task defendant never completed. Notably, defendant was not charged with … in his cogent written opinion. We add the following brief comments. We declined to reach defendant's claim of …
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… is limited. R. 1:36-3. 2 A-1572-16T3 On appeal from the Commissioner of the New Jersey Department of Education, … Gurbir S. Grewal, Attorney General, attorney for respondent Commissioner of Education (Lori Prapas, Deputy Attorney … petitioners) appeal from a final decision of the Commissioner of Education (Commissioner) dismissing the …
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… of self-defense would not benefit defendant. The court similarly concluded that trial counsel's failure to … a reduced sentence based on defendant's plea agreement, completed his sentence and could not be resentenced. 7 … to establish either prong of the Strickland test and similarly failed to carry his burden under Slater to withdraw …
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… four other counts of the indictment and promised to recommend a sentence of not more than six years in prison with … DISCOVERY, AND TRIAL COUNSEL'S FAILURE TO FILE A MOTION TO COMPEL THE STATE TO DISCLOSE THE IDENTITY OF THE … identity of the CI. Such a motion is discussed in State v. Milligan, 71 N.J. 373, 384 (1976). See State v. Foreshaw, …
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… subject to deportation[,]" and proceeded with the plea. A similar colloquy occurred on January 18, 2005, when defendant … aggregate period of four years on probation. Sometime after completing his probation, defendant was apprehended by the … in his thorough written opinion. We only add the following comments. Our Supreme Court has held that to set aside a …
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… including a minor traffic offense, has been or is being committed." State v. Amelio, 197 N.J. 207, 211 (2008) … without any reasonable suspicion that the motorist has committed a crime or other unlawful act." State v. … entered an open plea, meaning one without a sentence recommendation from the State or a sentencing indication from …
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… STATE OF NEW JERSEY, Plaintiff-Respondent, v. SELWIN O. BASCOM, Defendant-Appellant. ——————————————————————————————— … counsel and on the brief). PER CURIAM Defendant Selwin Bascom appeals from a Law Division order denying his petition … citizen, he now admits he is not. In his certification accompanying his PCR petition, defendant states he told his …
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… Judges Fisher and Vernoia. On appeal from the Civil Service Commission, Docket No. 2014-2045. Fusco & Macaluso Partners, … Attorney General, attorney for respondent Civil Service Commission (Cameryn J. Hinton, Deputy Attorney General, on … officer, appeals a final decision of the Civil Service Commission imposing a forty-five- day suspension without …
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… is used, "an analysis of handwriting cannot be done by comparing known writings of the suspect to the questioned … conduct any analysis of the letter submitted in evidence, compare the handwriting on the letter to any samples of … But Baier's affidavit merely offers the opinion that a comparison is possible; it does not present any opinion …
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… offer to 7 A-3249-16T1 plead guilty in exchange for a recommended sentence of seventeen years on both Counts One and …
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… his window, police officers detected the odor of marijuana coming from his vehicle. When questioned about the odor, … marijuana in his car, suggesting that the smell might have come from a dog that was in the car earlier or from a … defendant's appeal, Judge Dennis V. Nieves issued a comprehensive written decision on March 30, 2015. He …
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… from Superior Court of New Jersey, Chancery Division, Family Part, Essex County, Docket No. FV-07-0761-15. The … December 22, 2017 2 A-4757-15T3 concluded: defendant committed an act of domestic violence against his wife, … 5 A-4757-15T3 On appeal, defendant presents the following points for our consideration. I. THE LOWER COURT ERRED WHEN …
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… WHICH WAS PREDICATED UPON AN UNKNOWN BASIS OF KNOWLEDGE AND COMMUNICATED THROUGH AT LEAST FOUR LEVELS OF HEARSAY. We … cause determination, however, the basis of knowledge may be compensated for by a strong showing of veracity. State v …
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… the second PCR petition in an order dated August 6, 2020, accompanied by a written decision. He rejected the ineffective … not satisfy the requirements for a second PCR petition. Similarly, the judge rejected defendant's claims regarding his …
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… job "to determine if [d]efendant . . . was negligent in complying with that duty." On June 4, 2021, the jury … the same standard that governs the trial courts." Smith v. Millville Rescue Squad, 225 N.J. 373, 397 (2016); see also … plaintiff must support each of the four elements with "some competent proof." Davis v. Brickman Landscaping, Ltd., 219 …
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… leave but would sign the document understanding it would be completed in his absence. The next day, defendant discharged his attorney and refused to complete the transaction. With that, plaintiff demanded that … occurred, plaintiff returned the keys to the restaurant and commenced this suit. At the conclusion of a two-day bench …
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… improperly bolstered by its expert witness; "the prosecutor committed misconduct in vouching for the credibility of a … on White I, the PCR judge determined any inappropriate comments regarding the credibility of a testifying co- … this procedural bar applies, the challenged claim should be compared with the prior claim to determine if the two "are …