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- STATE OF NEW JERSEY VS. DWAYNE WILSON (07-04-0720, HUDSON COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… 3 A-0475-15T2 defendant's role in it, and that it was committed in an especially heinous, cruel or depraved … N.J.S.A. 2C:44-1(a)(2); three, the risk that defendant will commit another offense, N.J.S.A. 2C:44-1(a)(3); and six, the … its finding of aggravating factors at sentencing. State v. Fuentes, 217 N.J. 57, 75 (2014). Defendant claims his …
- njcourts.gov… On appeal from the New Jersey Public Employment Relations Commission, Agency Docket No. DA-2016-004. Fusco & Macaluso … General Counsel, New Jersey Public Employment Relations Commission attorney for respondent New Jersey Public Employment Relations Commission (Frank C. Kanther, Deputy General Counsel, on the …
- njcourts.gov… before either of the parties' construction projects was completed, defendants approached plaintiffs to discuss … proposals were exchanged by the parties and modified to accommodate plaintiffs' design concerns. Ultimately, the … the planned construction at defendants' house. Defendants communicated this requirement to plaintiffs in an email …
- STATE OF NEW JERSEY VS. JAMES R. COOPER (35-15, SOMERSET COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… and Sufficient to "Undermine Confidence" In the Outcome. POINT [II] Viewed In The Light Most Favorable to … at 408. We held that defendant's ten-day period to object commenced only after the production of both the 9 … in the PCR proceeding does not address the effects of combining alcohol with Lorazepam. Thus, defendant is again …
- njcourts.gov… Submitted June 2, 2016 – Decided Before Judges Fuentes and Kennedy. On appeal from Superior Court of New … failing to order a psychiatric evaluation to determine his competency to stand trial; (2) by failing to provide the … he "detect[ed] the odor of raw and burnt marijuana coming from the vehicle." Although defendant said he did not …
- STATE OF NEW JERSEY VS. JOSHUA T. STALLS (13-04-0218, HUDSON COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… March 6, 2017 2 A-4385-14T1 the reasons set forth in the comprehensive and well-reasoned, sixteen-page written … a child, N.J.S.A. 2C:24-4(a). Defendant was also charged by complaint with one count of aggravated sexual assault, … to the Jersey City Police that her daughter appeared uncomfortable and had been scratching her vaginal area. In …
- njcourts.gov… 2C:15-1; seven counts of second-degree conspiracy to commit armed robbery, N.J.S.A. 2C:15-1 and N.J.S.A. 2C:5-2; … codefendants' trials. In exchange, the State agreed to recommend an aggregate fifteen-year custodial sentence with an … [Defense counsel]: And you're also aware that you did come to court and testify at the trial in the matter of …
- njcourts.gov… him. He testified, "[t]he PTSD wasn't observed or did not come out until 2010." In his application for ADRB, … Thus, for example, an emergency medical technician who comes upon a terrible accident involving life- A-1907-14T2 9 … supra, 206 N.J. at 32-33 (emphasis added).] Therefore, we compare the actions taken by petitioner at the concededly …
- The Eileen J. Zigarelli 2014 Trust Agreement v. 65 Madison Avenue Associates, - Unpublished Opinionsnjcourts.gov… The arbitrated dispute centered on a ninety-nine-year commercial lease for an office building. The lease was … dispute that in 1983, 1993, and 2003, the parties did not comply with the rent re-set provision. The lease was next due to expire on April 30, 2013 with a new rent to commence on May 1. Hence, under the terms of the lease, the …
- njcourts.gov… CENTER, Plaintiff-Respondent, v. WACHOVIA BANK, N.A., COMMERCE BANK, N.A., GARDEN STATE CHECK CASHING SERVICE, INC., PETER JOSEPH LEUS, a/k/a JOSEPH Q. LEUS, COMIC WORLD ENTERPRISES, INC, JENNY M. MIQUI, MARTIN … SERVICE, INC., PETER JOSEPH LEUS, a/k/a JOSEPH Q. LEUS, COMIC WORLD APPROVED FOR PUBLICATION March 27, 2012 …
- A-3798-19 Opinionnjcourts.gov… acts. In May 2017, defendant was charged in a two-count complaint-warrant with second-degree sexual assault, … was rejected by the criminal division manager as incomplete for failure to file a statement of compelling reasons in view of her first- and second- degree …
- A-0066-20 Opinionnjcourts.gov… and the "prejudice created by the resulting failure to communicate the State's final plea offer" was not previously … 8 A-0066-20 sufficient to undermine confidence in the outcome." Id. at 694. "[I]f counsel's performance has been so … the context of plea offers, "a defendant must show the outcome of the plea process would have been different with …
- A-2653-19 Opinionnjcourts.gov… following a bench trial dismissing his breach of contract complaint against his sister, Joanne Ingis, and her husband, … first names to avoid potential confusion caused by their common surname and intend no disrespect. 3 A-2653-19 for … statement. Paul also mentioned that because he had not yet completed his 2016 income tax return, he did not know how a …
- A-0775-20 Opinionnjcourts.gov… Personal Injury Protection (PIP) benefits sufficient to comport with the requirements under N.J.S.A. 39:6A-4. After … through a New York policy through State Farm Insurance Company." Thus, applying N.J.S.A. 39:6A-4.5, the judge held … Fire Ins. Co., 234 N.J. 459, 472 (2018) (quoting Templo Fuente De Vida Corp. v. Nat'l Union Fire Ins. Co., 224 N.J. …
- A-3212-20 Opinionnjcourts.gov… A. Counsel was Ineffective for Failing to Request an Accomplice Liability Charge. B. Counsel was Ineffective for … the victim's home but did so only with the intent to commit a theft. He claimed he was accompanied by an Atlantic City man he identified only as …
- A-1680-20 Opinionnjcourts.gov… could use to join the meeting if they did not want to use a computer. 5 A-1680-20 did not conduct any business during … the public with a summary of the settlements and then took comments from the public. At the end of the public comment period, the Council voted2 to resolve both pieces of …
- A-4458-19 Opinionnjcourts.gov… away. The officers followed defendant back to an apartment complex and parked directly behind him. When defendant … $2,500 in cash, and pills. Defendant was charged with committing two counts of second-degree possession with … our judgment for that of the sentencing court. State v. Fuentes, 217 N.J. 57, 70 (2014). Rather, we must affirm a …
- A-4292-19 Opinionnjcourts.gov… strategy was to establish that [defendant] did not commit a robbery, but instead, that there was a fight … trial strategy is clearly within the discretion of competent trial counsel). Although the judge was not … Trial strategy that fails to obtain the optimal outcome for a defendant is insufficient to show that counsel …
- A-0628-18 Opinionnjcourts.gov… DENIED DEFENDANT HIS CONSTITUTIONAL RIGHT TO PRESENT A COMPLETE DEFENSE BY EXCLUDING EVIDENCE OR ARGUMENT AS TO THE … of aggravating and mitigating factors were not 'based upon competent credible evidence in the record;' or . . . 'the … as deterring others from breaking the law. See State v. Fuentes, 217 N.J. 57, 79 (2014) (noting aggravating factor …
- A-3675-19 Opinionnjcourts.gov… term on count two. The court also ordered defendant to comply with the Megan's Law registration requirements, … yelling out random words and numbers to prevent E.L. from completing the call with the application. 5 A-3675-19 … a child under the age of 12 relating to sexual misconduct committed . . . against that child is admissible in a …