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- njcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … misconduct; (4) malicious prosecution; and (5) any other points assigned counsel deems relevant. The court assigned … Defendant now appeals, raising the following arguments: POINT ONE THIS MATTER MUST BE REMANDED FOR AN EVIDENTIARY …
- STATE OF NEW JERSEY VS. CHARLIE RODRIGUEZ (04-06-0741, PASSAIC COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … 2003, January 2005, June 2009 and October 2009,2 arguing: POINT I THE FIVE-YEAR PROCEDURAL BAR FOR THE FILING OF A … PROCEDURAL BAR SHOULD NOT APPLY DUE TO EXCUSABLE NEGLECT. POINT II THE DEFENDANT WAS DENIED EFFECTIVE ASSISTANCE OF …
- njcourts.gov… without an evidentiary hearing, his petition for post-conviction relief (PCR). In his petition, NOT FOR … robbery convictions. He raises two arguments on appeal: POINT ONE MR. BROWN IS ENTITLED TO AN EVIDENTIARY HEARING ON … TO ARGUE ADEQUATELY FOR MITIGATING FACTORS AT SENTENCING. POINT TWO THE PCR COURT ERRONEOUSLY RULED THAT MR. BROWN'S …
- njcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … petitioner filed a notice of appeal, raising the following points: POINT I PETITIONER HAS OVERCOME THE PRESUMPTIION OF VALIDITY …
- STATE OF NEW JERSEY VS. MALIK R. SMITH (03-04-0824, ATLANTIC COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… 2015 order of the court denying his application for post-conviction relief (PCR) without NOT FOR PUBLICATION WITHOUT … Defendant now appeals, raising the following issues: POINT I: THE PCR COURT ERRED WHERE IT FOUND THE DEFENDANT … AND THE CRIME, THEREBY REQUIRING AN EVIDENTIARY HEARING. POINT II: THE PCR COURT ERRED WHERE, WHEN DECIDING THAT THE …
- njcourts.gov… the brief). PER CURIAM In a bifurcated trial, defendant was convicted of second- degree unlawful possession of a … of parole ineligibility. Defendant presents the following points on appeal: POINT I BECAUSE THE STATE FAILED TO PROVE BEYOND A …
- STATE OF NEW JERSEY VS. TROY J. HENDERSON (13-09-0786, UNION COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… brief). PER CURIAM After a jury found defendant guilty of second-degree certain persons not to have weapons, N.J.S.A. … On this direct appeal, defendant presents two arguments: POINT ONE THE TRIAL COURT ERRED WHEN IT PERMITTED THE STATE … DISCOVERED A GUN IN DEFENDANT'S ROOM. (NOT RAISED BELOW) POINT TWO DEFENDANT'S SENTENCE WAS EXCESSIVE AND CONSTITUTED …
- 2C:11-4a Charges Document PDFnjcourts.gov… death does so recklessly when he/she is aware of and consciously disregards a substantial and unjustifiable risk … Accordingly, to aid the ultimate determination, the Code points expressly to the factors to be weighed in judgment: … that does not beg the question in the last analysis. The point is that the jury must evaluate the conduct and …
- 2C:11-4b(1) Charges Document PDFnjcourts.gov… motor vehicle or vessel, death by auto or vessel “shall be considered a lesser-included offense” under N.J.S.A. … Accordingly, to aid the ultimate determination, the Code points expressly to the factors to be weighed in judgment: … that does not beg the question in the last analysis. The point is that the jury must evaluate the conduct and …
- STATE OF NEW JERSEY VS. IVERY BRINSON (14-05-1420, ESSEX COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… Brinson appeals from a March 19, 2024 order denying his second petition for post-conviction relief (PCR) based on … the following arguments for our consideration on appeal: POINT I RULE 3:22-6(B) ONLY STATES THAT A DEFENDANT MUST … PCR [PETITION] TO FULLY COMPLETE THE RECORD. 7 A-2616-23 POINT II [DEFENDANT] IS ENTITLED TO A NEW TRIAL [BECAUSE] …
- njcourts.gov… 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 DISCIPLINARY HEARING OFFICER VIOLATED [HASSAN'S] … ON SUFFICIENT CREDIBLE EVIDENCE IN THE RECORD. 6 A-3628-21 POINT II THE HEARING OFFICER DID NOT PROVIDE A BASIS IN THE …
- STATE OF NEW JERSEY VS. DARIUS BECKETT (19-04-0535, BURLINGTON COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … strong and needed to be "cut." The State argued the first point was rendered moot by the resentencing and defendant's … the death on Richardson, but did not say why, except to point out that Richardson, not him, provided the heroin to …
- STATE OF NEW JERSEY VS. CARLOS LOPEZ (13-04-0511, MIDDLESEX COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… No. 13-04- 0511. Carlos Lopez, appellant pro se. Yolanda Ciccone, Middlesex County Prosecutor, attorney for respondent … relief (PCR) as untimely and his application for appointment of counsel. We affirm. I. The following facts are … sweatshirt and black jacket approached the station on foot, pointed a gun at his head, and demanded money. After taking …
- njcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … On appeal, defendant raises the following contentions: POINT I THE TRIAL COURT’S DISCHARGE OF JUROR NO. 7 WHILE THE … AN EGREGIOUSLY PREJUDICIAL ERROR AND MANDATES A NEW TRIAL. POINT II THE ADMISSION OF TESTIMONY BY DEFENDANT’S DAUGHTER …
- STATE OF NEW JERSEY VS. JONATHAN BEATTY (21-09-0717, SOMERSET COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … On appeal, defendant raises the following arguments: POINT I THE JURY'S VERDICT WAS AGAINST THE WEIGHT OF THE EVIDENCE. 3 A-1542-22 POINT II THE COURT BELOW ERRED IN ASSESSING THE AGGRAVATING …
- njcourts.gov… A. Lodeserto, Designated Counsel, on the brief). Yolanda Ciccone, Middlesex County Prosecutor, attorney for respondent … had been "seeking a criminal attorney" and that "[a]t this point, the position on that, I move forward. I have 5 … hearing before the PCR judge and raises the following points for our consideration: POINT ONE THE PCR COURT ERRED …
- STATE OF NEW JERSEY VS. DEBRA M. STINSON (15-09-1762, OCEAN COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … to bar the State's arson expert's testimony at trial: POINT I THE TRIAL COURT ERRED WHERE IT DID NOT SUPPRESS … ATTEMPTED TO ELICIT THE ORIGIN AND CAUSATION OF THE FIRE. POINT II THE TRIAL COURT ERRED WHERE IT FOUND THAT …
- njcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … a new trial and a lesser sentence. He argues the following points: POINT I THE COURT'S FAILURE TO PROVIDE A COMPLETE …
- STATE OF NEW JERSEY VS. KEITH R. GREENWOOD (17-037, MORRIS COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… Submitted February 14, 2019 – Decided Before Judges O'Connor and Whipple. On appeal from the Superior Court of New … 39:3-60. II On appeal, defendant asserts the following points for our consideration:4 POINT I: THE SUPERIOR COURT, LAW DIVISION, COULD NOT LEGALLY …
- njcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … op. at 15. Defendant raises the following issues on appeal: POINT I: THE FAILURE OF TRIAL COUNSEL TO OBJECT TO … RIGHT TO THE EFFECTIVE ASSISTANCE OF COUNSEL. POINT II: THE POST CONVICTION RELIEF COURT ERRED WHEN IT …