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… February 7, 2019 – Decided April 26, 2019 Before Judges O'Connor and Whipple. On appeal from Superior Court of New … followed. Defendant raises the following issues on appeal: Point I: THE TRIAL JUDGE ERRED IN FAILING TO VOIR DIRE THE … TO A DEFENDANT WITH A PRIOR CONVICTION. (NOT RAISED BELOW) Point II: THE TRIAL JUDGE ERRED IN FAILING TO BIFURCATE THE …
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… from an April 18, 2016 order denying his petition for post-conviction relief (PCR). We affirm. NOT FOR PUBLICATION … from the buccal swab had not been returned. 3 A-4764-15T4 POINT I. THE COURT ERRED IN DENYING DEFENDANT'S PETITION FOR … OUT OF EVIDENTIARY HEARINGS AND PETITIONS FOR [PCR]. POINT II. TRIAL COUNSEL'S FAILURE TO INFORM DEFENDANT OF A …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … ON BEHALF OF THE ESTATE. We find insufficient merit in Points I, II and IV to warrant further discussion in a … fee in such a case. We add only a few brief comments about Point I. Joyce and Saul Ewing argue they were deprived of …
njcourts.gov
… In this appeal from the denial of his petition for post- conviction relief (PCR), defendant Johnny Ferguson … performance. On appeal, defendant argues the following points: POINT I THE ORDER DENYING POST-CONVICTION RELIEF SHOULD BE …
njcourts.gov
… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … This appeal followed. Appellants raise the following point on appeal: [POINT I] THE COURT HAS ACTED ARBITRARILY CONSIDERING ONLY …
njcourts.gov
… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … for trial, thus forcing him into a plea. At the date appointed for oral argument, defendant was incarcerated in … an evidentiary hearing. He frames the issues as follows: POINT I THE PCR COURT MISAPPLIED ITS DISCRETION AND VIOLATED …
njcourts.gov
… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … She denied the motion. On appeal, defendant raises one point:2 POINT I THE DENIAL OF DISMISSAL OF A CHARGE OF SIMPLE …
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… order dated February 1, 2016, which denied his motion for reconsideration of a prior order and granted, in part, … transcript; failure to include legal argument that contains point headings so as to afford a reviewing court to arrive … at 558. As well, we have frequently emphasized the need for point headings in the brief's legal argument, as proper …
njcourts.gov
… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … appeals, presenting the following arguments in his brief: POINT I DEFENDANT'S PCR WAS NOT BARRED BY R. 3:23-5. POINT II THE POST-CONVICTION RELIEF COURT ERRED IN DENYING …
njcourts.gov
… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … a second petition could be pursued. In addition, the judge pointed out that under Rule 3:22-5 "'a prior adjudication … presents to us the following two arguments: 6 A-1568-18T1 POINT I THE DEFENDANT WAS DENIED DUE PROCESS BASED UPON …
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 THIS COURT SHOULD REVERSE THE TRIAL COURT'S DECISION … RELIEF WITHOUT CONDUCTING AN EVIDENTIARY HEARING POINT II THE DEFENDANT'S PLEA COUNSEL WAS INEFFECTIVE FOR …
njcourts.gov
… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … appeal followed, with defendant presenting the following points of argument: POINT I [DEFENDANT] IS ENTITLED TO AN EVIDENTIARY HEARING ON …
njcourts.gov
… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … outcome would not change. Defendant raises the following points on appeal: POINT ONE – MR. THOMAS 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 … 3 A-1880-18T3 On appeal, defendant raises the following points for this court's consideration: POINT I THE [MOTION JUDGE] ERRED, AND ABUSED [HIS] …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … PCR petition, claiming his plea counsel was ineffective. Appointed counsel then filed a supplemental brief. The … held oral argument on defendant's PCR claims. Another appointed attorney represented defendant at the hearing. …
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… for appellant (Falguni Patel, on the brief). Yolanda Ciccone, Middlesex County Prosecutor, attorney for respondent … and attempted sexual assault of a college student at gunpoint in New Brunswick. Defendant thereafter pled guilty to … before the PCR court. More particularly, defendant argues: POINT I TRIAL COURT ERRED IN RULING THAT PADILLA[3] DOES NOT …
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… WASHINGTON, PENNS GROVE MIDDLE SCHOOL, PENNS GROVE-CARNEYS POINT REGIONAL SCHOOL DISTRICT, PENNS GROVE-CARNEYS POINT REGIONAL BOARD OF EDUCATION, BOROUGH OF PENNS GROVE, … APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." …
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… 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 POST - CONVICTION TRIAL JUDGE ERRED IN FINDING … DEFENDANT'S RIGHT TO DUE PROCESS WAS VIOLATED. 5 A-1572-20 POINT II INEFFECTIVE ASSISTANCE OF COUNSEL AT SENTENCING …
njcourts.gov
… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … watched television in the living room together. At some point, Lynn asked him to clean the guns because, as was … and had taught her how to shoot. Defendant, who at one point referred to Ron as "a f***king redneck, scum," …
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A-2383-22 Briefs
Briefs
njcourts.gov
… EASTERLING, On appeal from a final order denying post- conviction relief of the Superior Court of … Procedural History 1 Statement of Facts 3 Argument 40 Point 1 The trial court erred in ruling that defendant’s … countering at trial the State’s ballistics expert (A66) 40 Point 2 The trial court erred in ruling that defendant’s …