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… that he was denied his constitutional right to present a complete defense because he was not permitted to explore … assaulted her. A.D. requested that a sexual assault kit be completed but afterwards she clarified that she was not … returned after he spoke with A.D. and she begged him to come back. At home, he and A.D. had sex and went to sleep. …
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… vehicle with his girlfriend, Deanna Mott, whom he wanted to come with him to the station. Dzurkoc testified that such a … to be back there by themselves unless they're in the company of a detective or an officer." Addar testified that … Mott's house, defendant heard "multiple gunshots coming from the alleyway" where his brother was walking. …
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… attack upon a conviction by habeas corpus or any other common-law or statutory remedy. [R. 3:22-2.] … a probability sufficient to undermine confidence in the outcome." Strickland, supra, 466 U.S. at 694, 104 S. Ct. at … advances towards defendant's fiancé, Lena Wilson, which compromised his representation. He states, "trial counsel …
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… of Child Protection and Permanency (Division) filed a complaint for care, custody and supervision of Jane, which … two years of litigation, the Division filed a guardianship complaint on January 22, 2015. The guardianship trial was … spent substantial time conferring with her counsel, then completed the voluntary surrender of parental rights form …
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… 2017 A-3374-14T3 2 On appeal from New Jersey Civil Service Commission, Docket No. 2015-1457. Weissman & Mintz, LLC and … Attorney General, attorney for respondent Civil Service Commission (Melissa Dutton Schaffer, Assistant Attorney … February 9, 2015 final agency decision of the Civil Service Commission ("Commission"), which denied their appeal of a …
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… Superior Court of New Jersey, Law Division, Salem County, Complaint No. W-2017-000472-1708. David M. Galemba, … detention hearing, the State moved into evidence the complaint- warrant; the Public Safety Assessment (PSA) … 1 The statutory citations for some of the charges in the complaint-warrant were incorrect. A-0562-17T6 4 (NCA). There …
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… with Detective Maldonado at a predetermined location after completing the transaction, and, as memorialized by … pursuant to the search warrant. She also sought an order compelling the State to reveal the identity of the CI and to … Super. 39, 50 (2008), defendant argued the court should compel Detective Maldonado's records "relating to …
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… was tried in December 2016. Immediately before the trial commenced, defense counsel alerted the court that defendant … be barred from advancing this defense because he did not comply with 3 A-0087-18 Rule 3:12-11 and because "the … so as to shock the judicial conscience. '" State v. Fuentes, 217 N.J. 57, 70 (2014) (alteration in original) …
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… possession of a firearm while in the course of committing a CDS offense, N.J.S.A. NC:39-4.1(a) (count … Powell then searched the interior of the car's passenger compartment. Detective Badawy discovered "a large amount [of … with a deferential 16 A-2757-18 standard." State v. Fuentes, 217 N.J. 57, 70 (2014). The sentence must be …
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… points for our consideration: POINT I THE COURT'S INCOMPLETE AND CONFUSING INSTRUCTIONS ON BURGLARY AND … sorry for raping you and . . . if I promise to never . . . come back again would [she] not call the police[?]" … State v. Grate, 220 N.J. 317, 337 (2015); State v. Fuentes, 217 N.J. 57, 70 (2014). We must affirm a sentence …
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… testimony" which was significant as the evidence was "completely officer-based." With respect to the juror who was … juror was excused because "[t]he stupid people with guns comment bothered" him and he was concerned regarding … on appeal with a highly deferential standard. State v. Fuentes, 217 N.J. 57, 70 (2014). The appellate court must …
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… decision, issued by the Acting Superintendent, finding she committed two disciplinary violations and NOT FOR … Law Judge (ALJ) who presided over the evidentiary hearing recommended that these charges be dismissed. The ALJ had found … investigation. The Division thereafter received a citizen complaint against Shyner for unsafe driving and for …
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… TO TAILOR HIS SUMMATION TO THE JURY CHARGE KNOWN TO BE FORTHCOMING AND IN FAILING TO REQUEST A SEPARATE JURY CHARGE … from New York to Jersey City, defendant and his female companion got into an argument with another passenger, D.D. … service. Virtually the entire incident, including defendant committing the shootings and discarding the gun, was …
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… OF A "LAW ENFORCEMENT OFFICER." POINT II: THE TRIAL JUDGE COMMITTED PLAIN ERROR WHEN HE FAILED TO CHARGE THE JURY ON … Defendant's theory of the case at trial was that he did not commit an aggravated assault or resist arrest. Defendant … inferences based on the statute's overall structure and composition,' and may consider 'the entire legislative …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-3943-18 BASCOM CORPORATION, Plaintiff-Respondent, v. PATERSON COALITION … Defendant-Appellant, and CITY OF PATERSON DEPARTMENT OF COMMUNITY DEVELOPMENT, Defendant-Respondent, and FERRO … March 24, 2021 – Decided August 24, 2021 Before Judges Fuentes and Firko On appeal from the Superior Court of New …
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… September 23, 2020 – Decided August 13, 2021 Before Judges Fuentes, Whipple and Rose. On appeal from the Superior Court … against defendants Rose, Meineke, and Seeger alleging common law negligence, and negligent supervision by Meineke … N.J.S.A. 39:4-97. 3 A-4426-18 Plaintiff amended her complaint thereafter multiple times. The third and final …
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… to Nicole's Law, N.J.S.A. 2C:14-12, ordered that defendant comply with Megan's Law, N.J.S.A. 2C-7-1 to -225, and … consideration: POINT I TESTIMONY ABOUT CHILD SEXUAL ABUSE ACCOMMODATION SYNDROME [(CSAAS)] WAS NOT BASED ON RELIABLE … CSAAS Is Inadmissible. That New Rule Should Be Accorded Complete Retroactivity, Or At The 2 234 N.J. 265 (2018). 4 …
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… EXAMINATION OF THE DEFENSE EXPERT AND IN SUMMATION, HE COMMENTED ON THE EXPERT HAVING BEEN COMPENSATED BY THE DEFENSE. POINT III THE TRIAL COURT ERRED … by our highly deferential standard of review, State v. Fuentes, 217 N.J. 57, 70 (2014), we are unpersuaded by …
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… 2C:39-5(b); second-degree possession of a weapon during the commission of a drug crime, N.J.S.A. 2C:39- 4.1(a); … procedures would have been pursued in order to complete the investigation of the case; (2) under all of the … testified that the street value of cocaine can vary, but a common street price is $100 for a gram and $1100 for an …
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… that defendant’s intent to kill Pierce transferred to become an intent to kill B.T., thereby making defendant … term of twenty-eight years of imprisonment that includes a combined period of parole ineligibility of twenty-four … under N.J.S.A. 2C:11-4(b)(2). In a detailed and comprehensive forty-three-page opinion, the PCR court …