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njcourts.gov
… The deputy found Taylor's employer informed him of the company policy and that his actions constituted "a willful … handbook stating that threatening another employee violated company policy." The Tribunal concluded that Taylor's … Taylor appealed the final decision, arguing several points, only two of which are cogent enough to be addressed …
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njcourts.gov
… 2C:24-4(a)(1). He argues: POINT I THE [TRIAL] COURT COMMITTED PLAIN ERROR BY DENYING THE MOTION TO WITHDRAW THE … sexually arousing or sexually gratifying defendant or to humiliate or degrade M.H. on or between June 1, 2016 and June … force, threat, coercion[,] or any relationship[,] either familial or supervisory[,] that would make [him] liable to a …
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njcourts.gov
… defendant's convictions for second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2, N.J.S.A. 2C:15-1; … two counts of second-degree possession of a firearm while committing a drug offense, N.J.S.A. 2C:39-4.1(a); … beyond a reasonable doubt that defendant conspired to commit robbery and possessed CDS [with] intent to …
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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 … will increase with the extent of the delay." State v. Milne, 178 N.J. 486, 492 (2004) (quoting State v. Afanador, …
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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
… v. RAPHAEL J. PANTALEONE, JENNIFER E. BLANDA, TOWNSHIP OF HAMILTON, COUNTY OF MERCER, STATE OF NEW JERSEY, and PSE&G, … Joseph Baratz argued the cause for respondent Township of Hamilton (Weiner Law Group LLP, attorneys; Barry Avram … because she was wearing dark clothing. According to the complaint, "decedent . . . attempted to cross …
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njcourts.gov
… attorney; Adam W. Toraya, on the brief). William P. Miller, Special Deputy Attorney General/Acting Assistant … Calo, Acting Bergen County Prosecutor, attorney; William P. Miller, of counsel and on the brief; Catherine A. Foddai, … 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
… [State v. Robinson, 200 N.J. 1, 13-14 (2009)] (quoting Miller v. United States, 357 U.S. 301, 308 (1958)). The … the front door to the building. Defendant and his family were given sufficient time to prepare for the police … 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
… 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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njcourts.gov
… whom he observed to be intoxicated. The officer was familiar with the passenger, one Shipley, from prior … a block from [defendant's] home, could [defendant] please come get him." Defendant testified that Shipley "wasn't … GLEANED FROM A WEBSITE, AFTER 6 A-4065-16T4 THE DEFENDANT COMPLETED HIS CASE-IN- CHIEF, AND WITHOUT PROVIDING NOTICE …
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njcourts.gov
… 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
… "wanted to withdraw the charges." The prosecutor would not comply, and thereafter Flores attended each of defendant's …
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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 …