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- A-4061-15T1 Opinionnjcourts.gov… a probability sufficient to undermine confidence in the outcome." Strickland v. Washington, 466 U.S. 668, 694 (1984). … to request that instruction. Although the arguments have common facts, they are discrete; we will, therefore, … at 694. Petitioner argues that his trial counsel failed to comprehend the law on accomplice liability, pointing to …
- A-0023-17T3 Opinionnjcourts.gov… Cadillac SUV, make a turn into the parking lot of a housing complex without signaling. As the car turned, Palach … his own, and Palach began to search the vehicle's passenger compartment, as other officers, including NJSP Detective … articulable suspicion that the driver of a vehicle . . . is committing a motor-vehicle violation or a criminal or …
- A-5413-16T1 Opinionnjcourts.gov… ten months earlier, Johnson had been the victim of a crime committed by defendant that Johnson reported to the police, … the markings on the projectiles from Johnson's vehicle and compared them to the markings on projectiles he obtained … from test- 7 A-5413-16T1 firing the revolver. Based on his comparison of the markings, he opined that the projectiles …
- A-2365-17T1 Opinionnjcourts.gov… On July 29, 2016, defendant was arrested and charged with committing a robbery in Union County. Defendant was released … during one of these robberies, defendant and a juvenile accomplice wore ski masks, approached a group of teenagers, … trial court's sentencing determination is limited. State v. Fuentes, 217 N.J. 57, 70 (2014). We must affirm the sentence …
- A-4385-16T4 Opinionnjcourts.gov… attorney issued a subpoena for the missing records to Comerica Bank (Comerica), the issuer of the Direct Express card. On June … 2012. In a letter provided in response to the subpoena, Comerica's analyst asserted that statements for C.F.J.'s …
- A-2023-17T4 Opinionnjcourts.gov… the police station. He was not handcuffed. His girlfriend accompanied him. Defendant was taken to an interview/coffee … years old, had at least some college, and was employed at Community Medical. The judge concluded there was "nothing in … two other victims into a motor vehicle with the purpose of committing a crime against them. All of the victims were …
- A-0505-17T1 Opinionnjcourts.gov… townhouse. Migdalia telephoned defendant and asked him to come outside under the guise the vehicle had broken down. … up to the plate and [said] that [he] was the one that committed these robberies that [the police officer] would keep his promise" and recommend that Migdalia "only receive probation." Defendant …
- A-1924-16T2 Opinionnjcourts.gov… In support of his argument, defendant relies on Bullcoming v. New Mexico, 564 U.S. 647 (2011). There, the United … that Tramontin's testimony is inadmissible under Bullcoming. There, the prosecutors sought to introduce the … aggravating and mitigating factors that are supported by competent credible evidence in the record." State v. Grate, …
- A-0393-14T3 Opinionnjcourts.gov… Submitted April 11, 2018 – Decided Before Judges Fuentes and Suter. On appeal from Superior Court of New … of her freedom. However, the court did not have the same "comfort level" with the October 22, 2009 statement. The … robbery, N.J.S.A. 2C:15; second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2; and fourth-degree hindering …
- A-0165-18T3 Opinionnjcourts.gov… to a live show. Plaintiff filed a domestic violence complaint and obtained a TRO on March 9, 2018. She subsequently amended the complaint in April and May alleging harassment, stalking, … fear for her safety and the safety of her children." Her complaint also alleged defendant appeared at her job on …
- A-4845-17T3 Opinionnjcourts.gov… Department of Corrections (NJDOC), and dismissing his complaint with prejudice. The complaint arose out of the medical care provided to Hector1 … or decubitus ulcers." Hector filed a personal injury complaint alleging negligence on the part of UMDNJ-UCH, the …
- A-3067-17T1 Opinionnjcourts.gov… an accusation charging him with third-degree conspiracy to commit theft, N.J.S.A. 2C:5-2(a) and 2C:20-3(a) (the … 30, 2008, in the city of Trenton, he agreed with others to commit a theft by serving as the getaway driver. On November … three); and second-degree possession of firearms while committing CDS crimes, N.J.S.A. 2C:39-4.1(a) (count four) …
- A-5174-16T3 Opinionnjcourts.gov… FERRO, Plaintiff-Appellant, v. TRAVELERS INSURANCE COMPANY a/k/a ST. PAUL PROTECTIVE INSURANCE COMPANY, Defendant-Respondent. … Ins. Co. of Am., 142 N.J. 520 (1995). 8 A-5174-16T3 [Templo Fuente De Vida Corp. v. Nat'l Union Fire Ins. Co. of …
- A-5289-16T4 Opinionnjcourts.gov… or interests of" plaintiff, and dismissing plaintiff's complaint that sought to quiet title to the property. On … the effect of dedicating the property to it for use as a community center, and this alleged dedication took … for the reasons set forth in Judge Francis Hodgson, Jr.'s comprehensive written decision rendered on June 28, 2017, …
- A-2868-16T4 Opinionnjcourts.gov… and assault on a corrections officer. The State agreed to recommend that defendant be sentenced to an aggregate … his pleas, his counsel advised the judge that defendant was competent to stand trial based upon a psychiatric … him, counsel explained that it was necessary to assess his competency to stand trial. During defendant's plea to the …
- A-4209-15T2 Opinionnjcourts.gov… II THE LIMITING OTHER-CRIME EVIDENCE INSTRUCTION WAS INCOMPLETE, DEFECTIVE, AND PREJUDICIAL. (Not Raised Below). … a physical description of his assailant that was put into a computer program to generate photographs of men who fit the … to the factual context of the case to enable the jury to comprehend 8 A-4209-15T2 and appreciate the fine distinction …
- A-55-21 Opinionnjcourts.gov… jeans, looked in McGhee's direction, shook hands with his companion, and walked away while "clutching something" with … a gang member who had threatened him. He also admitted becoming nervous when he saw police and slapping the officer's … under an abuse of discretion standard. See State v. Fuentes, 217 N.J. 57, 70-71 (2014). We do not substitute our …
- njcourts.gov… was under twenty-six years of age when the offense was committed. N.J.S.A. 2C:44-1(b)(14). Defendant was … factors found by the sentencing court were not based upon competent and credible evidence in the record; or (3) "the … so as to shock the judicial conscience." [State v. Fuentes, 217 N.J. 57, 70 (2014) (alteration in original) …
- njcourts.gov… ineligible for unemployment benefits under the Unemployment Compensation Law (UCL), N.J.S.A. 43:21-1 to -71, and, as a … of parole at Hanson House. Claimant further testified the commute time between Assem-Pak, Inc.'s Vineland facility and … As a result of her ouster from Hanson House and lengthy commute to and from Assem-Pak, Inc. from her new residence …
- A-0297-22 – STATE OF NEW JERSEY VS. WILLIAM MENTER (94-10-1390, HUDSON COUNTY AND STATEWIDE) Opinionnjcourts.gov… forensic test revealed no evidence indicative of a completed sexual assault. Responding officers found two … not seek the death penalty. The State further agreed to recommend a life sentence, with thirty-years of parole … for each murder count. Additionally, the State agreed to recommend that a sentence of twenty-years with ten-years of …