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- njcourts.gov… 2020 Dear Mrs. & Mr. Williams and Counsel: This letter constitutes the court’s decision in the above captioned … lots, and pursuant to law, this is a valid action. It also points out that the subdivision requirement is one of law, … plaintiffs’ purchase of Lot 31. The Township also correctly points out that once a lot is merged by law, it cannot be …
- STATE OF NEW JERSEY VS. WARREN R. GERHARD (16-03-0317, CAPE MAY COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … raises the following issues for our consideration: POINT I THE TRIAL COURT ERRED IN FAILING TO CHARGE THE JURY … JURY THAT THERE WERE NO DEFENSES AVAILABLE TO DEFENDANT. POINT II THE TRIAL COURT ERRED BY PERMITTING THE STATE TO …
- STATE OF NEW JERSEY VS. ABDUL ROWELLS (13-07-1572, ESSEX COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … his gun and struck defendant in the shoulder, at which point defendant was taken into custody. Defendant filed his … presents the following issue for our consideration: POINT I THE TRIAL COURT ERRED IN DENYING THE DEFENDANT'S …
- STATE OF NEW JERSEY VS. JULIO FREZA (12-07-0563, SOMERSET COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… from the order of the Criminal Part denying his post-conviction relief (PCR) petition. We affirm. NOT FOR … in the plea form. The following colloquy illustrates this point: THE COURT: Most importantly, it is of concern to the … Defendant now appeals raising the following argument. POINT ONE [DEFENDANT] IS ENTITLED TO AN EVIDENTIARY HEARING …
- njcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … (PCR) petition without an evidentiary hearing, arguing: POINT I THE POST-CONVICTION RELIEF COURT ERRED IN DENYING … after advising him of the second-degree range plea offer, pointedly told defendant "the consequences are that you will …
- STATE OF NEW JERSEY VS. ROBERT CAPERS (009-09-16, BERGEN COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … fines, fees, and costs. In this appeal, defendant argues: POINT ONE: THE STATE HAS FAILED TO ESTABLISH BEYOND A … was only one officer in the [Alcotest] room." 5 A-1486-16T1 POINT TWO: THE STATE HAS FAILED TO ESTABLISH THE NECESSARY …
- STATE OF NEW JERSEY VS. JESSICA LEVINE (13-01-0106, CAMDEN COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… Levine appeals from the denial of her petition for post-conviction relief (PCR) without an evidentiary hearing. For … the following issues for our consideration in her appeal. POINT I DEFENDANT WAS ENTITLED TO AN EVIDENTIARY HEARING … FAILURE TO INTERVIEW THE ALLEGED VICTIM. 6 A-3011-16T3 POINT II IN LIGHT OF THE RECENT UNITED STATES SUPREME COURT …
- njcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … their motion for a new trial. On appeal they argue: [POINT I] THE TRIAL COURT'S VERDICT WAS AGAINST THE WEIGHT OF … lead to confusion as to the judge's determination. At one point he stated, "And the representations or the position of …
- STATE OF NEW JERSEY VS. ROMULO GREGORIO (10-02-0334, HUDSON COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… Gregorio appeals from a denial of his petition for post-conviction relief (PCR) without an evidentiary hearing. We … This appeal followed. Defendant raises the following points on appeal: POINT I THE TRIAL COURT ERRED IN DENYING THE DEFENDANT'S …
- njcourts.gov… letter opinion sets forth the court’s findings of fact and conclusions of law based on the submissions of the parties … may be dismissed. See Ocean Pines, Ltd. v. Borough of Point Pleasant, 112 N.J. 1, 11 (1988). On April 25, 2017, … hearing pursuant to Ocean Pines, Ltd. v. Borough of Point Pleasant, 112 N.J. 1 (1988). On April 28, 2017, the …
- STATE OF NEW JERSEY VS. JOSEPH MAGGIO (83-03-0450, MIDDLESEX COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… 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 DEFENDANT'S PCR PETITION SHOULD NOT HAVE BEEN PROCEDURALLY BARRED. POINT II THIS MATTER MUST BE REMANDED FOR AN EVIDENTIARY …
- STATE OF NEW JERSEY VS. LUIS A. DIAZ(13-04-0589, BERGEN COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … This appeal followed. On appeal, defendant argues: POINT I DEFENDANT'S MOTION TO WITHDRAW HIS GUILTY PLEA … THAT DEFENDANT TO EXPLAIN THE RIGHTS THAT ARE BEING WAIVED. POINT II MERGER OF THE DEFENDANT'S CONVICTIONS SHOULD BE …
- STATE OF NEW JERSEY VS. JUAN TOMAS-AGUILAR(11-05-0816, MONMOUTH COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… from an April 18, 2016 order denying his petition for post-conviction relief (PCR) without an evidentiary hearing. We … taxi driver testified that he agreed to take defendant from Point Pleasant to Asbury Park for $28. When they arrived in … of his PCR petition. II. On appeal, defendant argues: POINT ONE – MR. TOMAS-AGUILAR IS ENTITLED TO AN EVIDENTIARY …
- NINA PAGAN VS. NEWARK HOUSING AUTHORITY (L-1541-12, ESSEX COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … novo under the same standard as the trial court." Cypress Point Condo. Ass'n v. Adria Towers, L.L.C., 226 N.J. 403, … circumstances."). 1 Plaintiff essentially conceded this point at oral argument by acknowledging she was not …
- PATRICK MULLEN, SR. VS. BOARD OF REVIEW, ET AL. (BOARD OF REVIEW, DEPARTMENT OF LABOR) - Unpublished Opinionsnjcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … for benefits. This appeal followed. Mullen raises one point on appeal. POINT I [MULLEN] LEAVING HIS JOB DUE TO A SIGNIFICANT …
- STATE OF NEW JERSEY VS. ADAM J. PETRUZZIELLO(15-035, MORRIS COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … impacted." Defendant's appeal raises these issues: POINT I: SINCE APPELLANT WAS THE ONLY ONE INJURED IN THE … DAYS AFTER APPELLANT'S ARREST, THIS CASE MUST BE DISMISSED. POINT II: THE LAW DIVISION'S RELIANCE ON STATE V. …
- STATE OF NEW JERSEY VS. ANTHONY MARTIN(94-01-0133, MIDDLESEX COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.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 ORDER DENYING DEFENDANT'S POST- CONVICTION … reviewed the motion and ordered the hearing. 4 A-0389-15T3 POINT II: PCR COUNSEL'S FAILURE TO SUBMIT AN AFFIDAVIT FROM …
- njcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … On appeal, defendant presents the following arguments: POINT I THE ORDER DENYING POST-CONVICTION RELIEF SHOULD BE … ASSISTANCE OF COUNSEL UNDER THE STRICKLAND TEST. POINT II THE COURT'S RULING DENYING POST-CONVICTION RELIEF …
- STATE OF NEW JERSEY VS. MICHAEL JONES (98-10-4330, ESSEX COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … filed a pro se petition for PCR. After counsel was appointed, defendant filed a certification dated July 9, 2015, … petition and presents the following issue for our review: POINT I THE ORDER DENYING POST-CONVICTION RELIEF SHOULD BE …
- njcourts.gov… to N.J.S.A. 30:4-27.15, and the definition of "court" contained in N.J.S.A. 30:4-27.2(f), as Superior Court or … others or property, the doctor stated, "[n]ot at this point because she is in an environment where, you know, [she … and [she is] getting medication[,] so not at this point." Adopting the doctor's recommendation, the trial …