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… Submitted October 4, 2018 – Decided Before Judges O'Connor and Whipple. On appeal from Superior Court of New … followed. Defendant raises the following issues on appeal: Point I: DEFENDANT WAS DEPRIVED OF HIS RIGHT TO EFFECTIVE … WAS SPECIOUS AND AGAINST COUNSEL'S ADVICE. 6 A-5307-15T3 Point II: BECAUSE THE SENTENCING PROCEDURE WAS RIFE WITH …
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… Submitted October 4, 2018 – Decided Before Judges O'Connor and Whipple. On appeal from Superior Court of New … on appeal. II On appeal, defendant presents the following point for our consideration. POINT I: THE PCR COURT ERRED IN DISMISSING DEFENDANT'S …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … present the following arguments for our consideration: POINT I THE DEPARTMENT SHOULD BE COMPELLED TO CREATE AND … PURSUANT TO N.J.A.C. [] 10:36A-1.5. 5 A-5472-15T2 POINT II THE DEPARTMENT MUST DO MORE [THAN] MERELY ASSERT A …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … contribute[d] to the outcome in the matter ." The court pointed to the absence of "any certification or document" … This appeal followed. On appeal, defendant raises a single point for our consideration: THE LOWER COURT ERRED IN …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … does present such a risk, albeit a low one. The expert pointed to such things as the father's diagnoses of bipolar … Judge Katz reasonably found she has not progressed to the point of being a capable independent caretaker. The …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … was – I was arrested until we went to court, and at this point I don't 5 A-3270-16T3 remember because I know it got … remember what I was arrested for, but it got dismissed at a point." Defense counsel objected to the answer as …
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… April 9, 2018 – Decided Before Judges Accurso and O'Connor. On appeal from Superior Court of New Jersey, … he filed in response to plaintiff's second motion. He pointed out that, in the PSA, the parties agreed to file … her request that defendant pay her the $5200 sanction. She points out defendant never stated in his certification or …
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… to plaintiff Begelman, Orlow & Melletz. We affirm. We consider the points of error 1 Formerly known as Begelman, Orlow & … Ehrlich raises the following issues for our consideration: POINT I THE TRIAL COURT ERRED AS A MATTER OF LAW IN GRANTING …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … bus." She "tried to distance 1 We take this opportunity to point out that pursuant to Rule 3:28(h), the Criminal … Defendant now appeals raising the following arguments. POINT I: BECAUSE FAROOQ PRESENTED UNREFUTED MEDICAL EVIDENCE …
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… Submitted February 26, 2018 – Decided Before Judges O'Connor and Vernoia. On appeal from Superior Court of New … presents the following arguments for our consideration: [POINT I] IN THE INTEREST OF JUSTICE THE APPELLATE DIVISION … reconsideration of the June 3, 2016 order. 5 A-3702-16T2 [POINT II] THE APPELLATE DIVISION MUST [DECIDE WHETHER] THE …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … reviewed federal and state precedents with regard to the appointment of standby counsel. He stated that in New Jersey standby counsel is appointed to "act as a safety net" and "to allow the trial to …
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… Submitted January 8, 2018 – Decided Before Judges O'Connor and Vernoia. On appeal from Superior Court of New … asserts the following arguments for our consideration: POINT I - THE TRIAL COURT ERRED IN FAILING TO CHARGE THE … GRANT GIVEN A NEW TRIAL. (NOT RAISED BELOW). A-0054-16T4 5 POINT II - THE PROSECUTION'S INTRODUCTION AND EXTENSIVE USE …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … into the pretrial intervention program (PTI). He argues: POINT I THE PROSECUTOR'S REJECTION OF MR. HARRIS' PTI … WHICH SUBVERTED THE GOALS UNDERLYING THE PTI PROGRAM. POINT II WHERE A PROSECUTORIAL VETO IS BASED PRIMARILY UPON …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … plaintiff to obscure the statutory standard to the point of obliterating it. Yet, were we to agree with the … would create a mechanism by which any plaintiff, merely by pointing to a lawyer's failings, could bypass the statutory …
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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 raises the following contentions: POINT I THE TRIAL COURT ERRED IN DENYING THE DEFENDANT'S … THE PROCEDURAL GROUNDS PURSUANT TO RULE 3:22- 12(a)(1). POINT II THE TRIAL COURT ERRED IN DENYING THE DEFENDANT'S …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … defendant now appeals raising the following arguments: POINT I THE LOWER COURT ERRED IN DENYING DEFENDANT'S REQUEST … INCORRECT ADVICE CONCERNING HIS IMMIGRATION CONSEQUENCES. POINT II DEFENDANT'S ATTORNEY WAS CONSITUTIONALLY [SIC] …
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… brief). PER CURIAM Defendant John Sellow appeals from his conviction after a jury found him guilty of second-degree … to a fair trial, 'erroneous instructions on material points are presumed to' possess the capacity to unfairly … to defendant's contention, the fact that up until the point defendant began to elude the sheriff's officers he had …
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… from the order of the Criminal Part denying her post-conviction relief (PCR) petition. We affirm. NOT FOR … was provided with a certified court interpreter. At one point, defendant told Judge Taylor that she was having … defendant now appeals raising the following argument: POINT I MS. NAVA IS ENTITLED TO AN EVIDENTIARY HEARING ON …
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… PER CURIAM Defendant pled guilty to aggravated assault, contrary to N.J.S.A. 2C:12-1(b)(7), causing significant … followed. On appeal, defendant raises the following single point: POINT I BECAUSE THE PROSECUTOR AND PTI DIRECTOR CONSIDERED …
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… warrant, defendant Michael C. Battista pled guilty to second- degree possession of psilocin with intent to … was false. II. Defendant appeals and makes two arguments: POINT I – THE ARREST WARRANT WAS INVALID BECAUSE IT WAS … THAT WERE RELIED UPON FOR THE ISSUANCE OF THE WARRANT. POINT II – THE AFFIDAVIT DID NOT [ESTABLISH PROBABLE CAUSE …