njcourts.gov
… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … "[defense counsel] and I did negotiate extensively. At some point, we got down to a period of [twenty-three] years … without an evidentiary hearing. Defendant raises a single point on appeal: I. [DEFENDANT] WAS ENTITLED TO AN …
njcourts.gov
… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … the following issues for our consideration in her appeal. POINT I DEFENDANT'S PETITION FOR POST- CONVICTION RELIEF IS NOT PROCEDURALLY BARRED. POINT II AS DEFENDANT RECEIVED INEFFECTIVE ASSISTANCE OF …
njcourts.gov
… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … her "[he] should probably f[***]ing kill [her]." At one point, defendant pushed R.M.'s head into a wall. She … . . . . . . . [Defendant] lost his ability to reason to the point that from the time that the police come in and he[ is] …
njcourts.gov
… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … N.J.S.A. 2C:15-2. Defendant raises the following points on appeal: POINT I DEFENDANT'S CONVICTION FOR CARJACKING SHOULD BE …
njcourts.gov
… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … Father raises the following issues for our consideration: POINT I SCOPE OF REVIEW POINT II THE TRIAL COURT COMMITTED … We in no way suggest, however, that the trial court is powerless to enforce its order to compel Father to pay …
njcourts.gov
… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … birth to Julia, Jane was home with defendant. At some point during the night, defendant asked Jane if she was … On appeal, defendant argues the following: 5 A-2070-16T2 POINT I AFTER A PREJUDICIAL JOINDER OF OFFENSES SEPARATED BY …
njcourts.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 COURT ERRED IN FINDING JURISDICTION UNDER SASPA WHEN THE PARTIES CLEARLY HAD A DATING RELATIONSHIP. POINT II DEFENDANT NEVER COMMITTED THE PREDICATE ACT OF …
njcourts.gov
… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … opinion—which the State did not challenge on remand—we pointed out that the ineffectiveness included not consulting … positions on this remand. On this remand, the State argues: POINT I THE REMAND [JUDGE'S] FINDINGS UNEQUIVOCALLY …
njcourts.gov
… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … Defendant raises the following contentions on this appeal: POINT I AFTER [DEFENDANT] DEMONSTRATED THAT HIS COUNSEL WAS … A PRIMA FACIE CLAIM OF INEFFECTIVE ASSISTANCE OF COUNSEL. POINT II BECAUSE [DEFENDANT] MADE A PRIMA FACIE SHOWING OF …
njcourts.gov
… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … On appeal defendant asserts the following arguments: POINT I THE [PCR] COURT ERRED IN DENYING DEFENDANT'S SECOND … PURSUANT TO R. 3:22- 4(B)(1)(C). . . . (NOT RAISED BELOW). POINT II THE [PCR] COURT ERRED IN DENYING THE INTRODUCTION …
njcourts.gov
… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … defendant filed a pro se PCR petition, and the court appointed counsel for defendant. In the superseding PCR … and skin complexion." Furthermore, the PCR court pointed out that defendant's trial counsel chose not to …
njcourts.gov
… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … denied him a fair trial. He raised the following arguments: POINT I. THE STATE'S INTRODUCTION INTO EVIDENCE OF … and deprived [defendant] of his right to a fair trial. POINT II. HEARSAY TESTIMONY OF [THE OFFICER] WITH RESPECT TO …
njcourts.gov
… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … the [c]ourt." On appeal, defendant argues the following: POINT ONE CONTRARY TO THE PCR JUDGE'S CONCLUSION, THE … ARGUABLY THE SEARCH WAS NOT LIMITED IN PURPOSE OR SCOPE. POINT TWO THE PCR JUDGE'S FACTUAL FINDINGS BASED SOLELY ON …
njcourts.gov
… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … was a very favorable deal. II. On appeal, defendant argues POINT ONE – THE PCR COURT ERRED WHEN IT FAILED TO GRANT … TO DISTRIBUTION OF CDS HE FACED MANDATORY DEPORTATION[.] POINT TWO – PLEA COUNSEL FAILED TO TELL DEFENDANT THE TRUTH: …
njcourts.gov
… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … opinion—which the State did not challenge on remand—we pointed out that the ineffectiveness included not consulting … positions on this remand. On this remand, the State argues: POINT I THE REMAND [JUDGE'S] FINDINGS UNEQUIVOCALLY …
njcourts.gov
… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … hearings denied the petition. Defendant appeals, arguing: POINT ONE [DEFENDANT] IS ENTITLED TO AN EVIDENTIARY HEARING … OF COUNSEL FOR FAILING TO ADVOCATE FOR A LOWER SENTENCE. POINT TWO THIS MATTER MUST BE REMANDED FOR FINDINGS OF FACT …
njcourts.gov
… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … for a new hearing before a different judge. An initial point of concern is that, although there were two Portuguese … B.A.A. raises the following issues for our consideration: POINT I THE TRIAL JUDGE ABUSED HIS DISCRETION IN THE MANNER …
njcourts.gov
… Prosecutor, argued the cause for respondent (Yolanda Ciccone, Middlesex County Prosecutor, attorney; Joie D. … want to 4 A-0032-19 proceed on the partial verdict, at that point the [c]ourt should give them the next charge." Defense … deliberations from 11:09 a.m. to 12:33 p.m., at which point a juror sent out a note advising that his wife was …
njcourts.gov
… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … defendant presents the following arguments in his brief: POINT I: THE FILE-SHARING CHARGE SHOULD HAVE BEEN DISMISSED … CONTAINS AN UNCONSTITUTIONAL STRICT-LIABILITY PROVISION. POINT II: DEFENDANT WAS DENIED HIS CONSTITUTIONAL RIGHTS TO …
njcourts.gov
… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … JUROR AFTER THE DELIBERATIONS HAD PROGRESSED TO THE POINT AT WHICH THE NEW JUROR WAS UNABLE TO PLAY A 5 … OF EIGHT YEARS IS EXCESSIVE. Defendant's arguments in points one through five are the same as those raised in …