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- A-0869-18T4 Opinionnjcourts.gov… State prison, and as a result, he obtained a court order to compel the prosecutor's office to provide him with copies of … . . defendant intended to say . . . was the real person who committed this crime, and not me. So . . . it's material. … OF ITS EXISTENCE BY THE DEFENSE COULD HAVE CHANGED THE OUTCOME OF THE TRIAL. 1. The PCR court was correct when it …
- A-5598-16T4 Opinionnjcourts.gov… the Jersey City Police Department received multiple citizen complaints reporting that a man named "Alexis" was selling … Street (Paterson Street house).2 The police also received a complaint that Alexis was selling heroin from the second floor of the house. The complainants described Alexis as a bald, light-skinned …
- A-3097-16T1 Opinionnjcourts.gov… brain concussion, drug effects, sleep deprivation, or any combination thereof" which "is not a matter that can be … the defense could have called an expert who could have overcome the 2 Strickland v. Washington, 466 U.S. 668, 687-88, … accident, or even if any of these things were true, that he communicated them to [trial counsel]." In addition to …
- A-2666-16T2 Opinionnjcourts.gov… OAKS DEVELOPMENT CORP., JOHN J. BRUNETTI, and MIDTOWN WATER COMPANY, Plaintiffs-Appellants, v. THE PLANNING BOARD OF THE … (ODC), John J. Brunetti (Brunetti), and Midtown Water Company (Midtown) appeal from an order entered by the Law … granted Midtown a franchise to operate a private water company in that area. The State authorized Midtown to …
- A-1711-16T1 Opinionnjcourts.gov… which he articulates as follows: POINT I – THE TRIAL COURT COMMITTED REVERSIBLE ERROR BY FIRST INSTRUCTING THE JURY AS … POSSIBLY INDICATIVE OF CONSCIOUSNESS OF GUILT AND THEN COMPOUNDED THAT INITIAL ERROR BY ISSUING AN UNCONSTITUTIONAL … [our] judgment for that of the sentencing court." State v. Fuentes, 217 N.J. 57, 70 (2014) (citing State v. O'Donnell, …
- A-1580-15T1 Opinionnjcourts.gov… denied plaintiff's request for leave to file an amended complaint, to compel defendant to produce additional documents, and for … Among these business enterprises were two limited liability companies: Soza Northeast, LLC, formed in Pennsylvania in …
- njcourts.gov… he was a drug addict. After the interview, detectives accompanied defendant to his mother's home and defendant … also found it very convenient now for this name to [come] up when [defendant] had every opportunity at the trial … . . . I pulled the gun out." And . . . years later, he's coming up with the name? . . . It's just . . . not …
- njcourts.gov… inference to plaintiffs as the non-moving parties. Templo Fuente De Vida Corp. v. Nat. Union Fire Ins. Co. of Pittsburgh, 224 N.J. 189, 199 (2016). The amended complaint2 2 Mack-Cali Holmdel, LLC (Mack-Cali) was initially named as a defendant in the original complaint. Mack-Cali filed a motion for summary judgment …
- A-1512-19 – STATE OF NEW JERSEY VS. ROLLO A. BARKER (18-04-0304, MORRIS COUNTY AND STATEWIDE) Opinionnjcourts.gov… physical ailments, defendant told Large he was unable to complete the field sobriety tests. Defendant initially … console. Following his arrest, defendant was charged by complaint-warrant with two disorderly persons offenses: … with his passenger; (2) the consent-to-search form was not completed at the scene; (3) the supervising forensic …
- njcourts.gov… and issued an order on June 29, 2021, dismissing Jui's complaint. Jui now appeals from the Law Division order. … window." Surmising Jui was angry that Witter ignored his commands, the Department concluded Jui's account of the … to his own safety and that of others," the Department recommended a fitness-for-duty evaluation. On January 14, …
- A-3724-20 – STATE OF NEW JERSEY VS. KIMBERLY KILLION (19-08-1916, CAMDEN COUNTY AND STATEWIDE) Opinionnjcourts.gov… her car when she drove through the front façade of a commercial building and into a pizza shop. Three individuals … the State agreed to dismiss the remaining two counts, recommend noncustodial probation with "all conditions to be … of trial counsel under the Strickland/Fritz test. In a comprehensive oral decision, the trial judge appropriately …
- njcourts.gov… c/o MARV POER, FIRST STUDENT, INC., and JMB LANDSCAPE COMPANY, INC., Defendants-Respondents, and PIPE WORKS … for personal injuries. She later filed a second amended complaint naming JMB Landscape Company, Inc. as a defendant. … [motion judge]." RSI Bank, 234 N.J. at 472 (quoting Templo Fuente De Vida Corp. v. Nat'l Union Fire Ins. Co., 224 N.J. …
- A-1549-21 – STATE OF NEW JERSEY VS. DAVID COMPANIONI (13-06-0114, ESSEX COUNTY AND STATEWIDE) Opinionnjcourts.gov… STATE OF NEW JERSEY, Plaintiff-Respondent, v. DAVID COMPANIONI, a/k/a NEDAL IBARRA, NEDAL NASRALLAH, and NEDAL … limited. R. 1:36-3. 2 A-1549-21 PER CURIAM Defendant David Companioni appeals from a December 1, 2021 order denying his … to Rule 1:7-4 and the Strickland/Fritz standard.1 State v. Companioni, No. A-1356-19 (App. Div. Feb. 19, 2021) (slip …
- njcourts.gov… for admission a statement of the extraordinary and compelling circumstances that justify consideration of the … then-counsel submitted a letter as a "statement of compelling reasons" supporting the PTI application. The … member" with the victim). Defendant's statement of compelling reasons therefore established the aggravated …
- A-0890-22 – STATE OF NEW JERSEY VS. JEROME L. GAYDEN (21-10-0676, PASSAIC COUNTY AND STATEWIDE) Opinionnjcourts.gov… gun, which was loaded with illegal ammunition. A search of computer records revealed that the gun had been reported … starting at 9:24 and 09 seconds p.m. The officers likewise come on a second later and the police vehicle is slowly … hopped out of the way so that he did not get hit by their oncoming vehicle. The [c]ourt does not credit the defendant's …
- A-0142-21 - STATE OF NEW JERSEY VS. MOHAMED E. ABDALLAH (16-06-1040, MIDDLESEX COUNTY AND STATEWIDE) Opinionnjcourts.gov… forth at length in the PCR judge's written decision that accompanied the order under review. Defendant was born in … In the mitigation letter, defendant affirmed that he committed the crimes charged while in the "grip of a drug … immigration consequences of his guilty plea until the commencement of deportation proceedings against him. …
- A-2309-20 – STATE OF NEW JERSEY VS. WILLIAM PITTMAN (18-08-1144, MIDDLESEX COUNTY AND STATEWIDE) Opinionnjcourts.gov… two months prior, after all briefing in this appeal was complete. Defendant contended Smart clarified that the … certified dog alerted to the odor of narcotics, and that, "combined with the facts amounting to reasonable suspicion," … at the time of the suppression motion, controlled the outcome here. The State, which had argued in its brief that the …
- njcourts.gov… by their first names to avoid any confusion caused by their common surname. No disrespect is intended. 3 A-2253-21 The … of the options. Thus, defendants were required to complete construction of the home "substantially in … any changes requested by plaintiffs were to be made in compliance with Paragraph 14 Change Orders. The paragraph …
- njcourts.gov… with its Order to Show Cause why the above-referenced complaint, filed on June 30, 2023, to appeal an assessed … excuse the late filing. For the reasons stated herein, the complaint is dismissed. PROCEDURAL HISTORY On June 30, 2023, … it never received the tax assessment notification card (commonly referred to as “Chapter 75 card”) and was unaware …
- A-1705-22 – STATE OF NEW JERSEY VS. DARIUS BECKETT (19-04-0535, BURLINGTON COUNTY AND STATEWIDE) Opinionnjcourts.gov… which caused his death. After defendant was served with the complaint-warrant charging him with strict liability … In exchange for his guilty plea, the State agreed to recommend defendant be sentenced to an eight-year term of … aggravating factors three (the risk that the defendant will commit another offense) and nine (the need for deterring the …