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A-0856-23 Briefs
Briefs
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… Division, March 20, 2024, A-000856-23, AMENDED i TABLE OF CONTENTS TABLE OF AUTHORITIES … a claim against a county prosecutor’s office, the starting point for the analysis is Wright v. State, 169 N.J. 422 … with the Attorney General's supervisory authority and power to supersede, demonstrates that at its essence the …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … raise the following issues for our consideration:1 POINT I THE COURT ERRED IN DENYING THE MOTION TO SUPPRESS … 39, 44 (2011) (quoting State v. Elders, 192 N.J. 224, 243 (2007)). "A trial court's findings should be disturbed only …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … of the jury panel that he had fired his attorney while pointing to OPD counsel. The jury panel had to be dismissed. … trial without counsel." State v. DuBois, 189 N.J. 454, 465 (2007). In State v. Crisafi, 128 N.J. 499, 509 (1992), the …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … appeals his convictions and sentence, raising the following points for our consideration: I. THE TRIAL COURT ERRED IN … trial unfair." State v. Wakefield, 190 N.J. 397, 538 (2007). However, even where a defendant alleges multiple …
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… A. Gies, Designated Counsel, on the briefs). Yolanda Ciccone, Middlesex County Prosecutor, attorney for respondent … business, and told her that she was really pretty. At some point, while the man spoke to her, J.R. looked inside the … is clear. State v. Fortin (Fortin II), 189 N.J. 579, 594 (2007). "The conduct in question must be unusual and …
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… Prosecutor, argued the cause for respondent (Yolanda Ciccone, Middlesex County Prosecutor, attorney; Anthony J. … a Jennings nine-millimeter handgun loaded with hollow-point bullets located in the center console; a ski mask … of criminal activity." State v. Elders, 192 N.J. 224, 247 (2007) (internal quotation marks omitted). "An officer may …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … his bargained-for sentence, raising the following points for our consideration: POINT I THE TRIAL COURT ERRED … . . exceptions . . . ." State v. Elders, 192 N.J. 224, 246 (2007) (quoting State v. Pineiro, 181 N.J. 13, 19-20 (2004)). …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … raises the following contentions for our consideration: POINT I THE TRIAL COURT ERRED IN MISAPPLYING AND/OR SHIFTING … demonstration through direct evidence." 190 N.J. 114, 124 (2007). "In criminal prosecutions, proof of a defendant's …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … for that purpose. We affirm. This matter stems from a 2007 gas station robbery-homicide involving three juveniles … 3 A-2320-17T3 asking the gas attendants for money at gun-point, his co-defendants entered the mini-mart and fatally …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … On appeal, defendant asserts the following contentions: POINT I THE CUSTODIAL STATEMENTS MADE BY DEFENDANT TO POLICE … a new trial. State v. Wakefield, 190 N.J. 397, 446 (2007) (citing Smith, 167 N.J. at 181). Reversal of …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … in the back of the "small" and "cluttered" room. At that point, the police instructed defendant to get on the ground. … Super. at 504 (quoting State v. Burns, 192 N.J. 312, 335 (2007)). For these reasons, we conclude the references to the …
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… 2 PER CURIAM Tried by a jury, defendant Salik Hinton was convicted of second-degree unlawful possession of a weapon, … This appeal followed. II. Defendant raises the following points in his brief on appeal: A- 4241-17T1 9 Point I THE … suppression of evidence in State v. Williams, 192 N.J. 1 (2007). In Williams, two police officers approached the …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … against C.R. occurred between May 25 and September 30, 2007; the abuse in the vacation residence occurred between … parole supervision for life. Defendant raises the following points on appeal: POINT I - THE INDICTMENT MUST BE DISMISSED …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … presents the following arguments for our consideration: POINT I The Trial Court Erred in Finding That Defendant Has … Surplus Ins. v. Nowell Amoroso, P.A., 189 N.J. 436, 452 (2007) ("Our appellate courts will not ordinarily consider …
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… Before us, defendant raises the following arguments: POINT I SEVERAL CRITICAL ERRORS AND OMISSIONS IN THE FINAL … about an unjust result." [State v. Burns, 192 N.J. 312, 341(2007) (alteration in original) (emphasis added) (quoting … King said in State v. Lindsey, "Nothing in the rules empowers a judge to issue an instruction in written form …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … hours in the hospital. Defendant argues on appeal: POINT I: THE TRIAL COURT'S FAILURE TO AMEND THE INDICTMENT … of his defense." State v. Wakefield, 190 N.J. 397, 438 (2007) (quoting State v. Papasavvas, 163 N.J. 565, 616 …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … the credibility of the witnesses. In his summation, he pointed to flaws in the police investigation of the … of a fair trial." State v. Wakefield, 190 N.J. 397, 437-38 (2007) (quoting State v. Papasavvas, 163 N.J. 565, 625 …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … center from which he was discharged. On appeal, he argues: POINT I DEFENDANT'S STATEMENT MUST BE SUPPRESSED AS THE … 425 (2017) (quoting State v. Elders, 192 N.J. 224, 244 (2007)). This is not such a case. My colleagues are correct …
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… from his room, defendant Louis V. Williams pled guilty to second-degree unlawful possession of a handgun, N.J.S.A. … officer outside. Estevez testified that from the vantage point of the sidewalk, the structure appeared to be an … warrant requirement.'" State v. Elders, 192 N.J. 224, 246 (2007) (quoting State v. Pineiro, 181 N.J. 13, 19- 20 …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … after forcing her into his van, defendant drove her at gunpoint to a house not far away. On the way, defendant told … "Kidnapping – Permanent Deprivation of Custody" (March 5, 2007). In accordance with the model charge, the trial court …