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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-3201-19 STATE OF NEW JERSEY, Plaintiff-Respondent, v. PATRICK F. … without an evidentiary hearing. In a written decision accompanying his order, the PCR judge determined that … Super. 232, 243 (App. Div. 2006) (quoting State v. Dreher, 302 N.J. Super. 408, 483 (App. Div. 1997)). "Without bad …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-1487-15T1 STATE OF NEW JERSEY, Plaintiff-Respondent, v. JENNIFER R. … CURIAM The principal issue in this appeal pertains to the community caretaking exception to the warrant requirement. … totality of circumstances."); see also State v. Drummond, 305 N.J. Super. 84, 88 (App. Div. 1997). 7 A-1487-15T1 That …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0511-23 STATE OF NEW JERSEY, Plaintiff-Respondent, v. SHEM WALKER, … Jersey, Law Division, Essex County, Indictment No. 03-09-3069. Jennifer N. Sellitti, Public Defender, attorney for … conviction for felony murder and related offenses committed with a co-defendant during a robbery. On appeal, …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-5777-17T3 STATE OF NEW JERSEY, Plaintiff-Respondent, v. THOMAS A. … custodial sentence, contrary to Apprendi v. New Jersey, 530 U.S. 466, 490 (2000). We reject this argument and affirm. … for Drug Court and, if eligible, would have to accept the recommended treatment modality or face a prison term. At …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-3562-15T1 STATE OF NEW JERSEY, Plaintiff-Respondent, v. ARTHUR … possession for an unlawful purpose, in exchange for a recommended sentence of six years, with a three year parole … charges. See Padilla v. Kentucky, 559 U.S. 356, 372, 130 S. Ct. 1473, 1485, 176 L. Ed. 2d 284, 297 (2010). We …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2274-23 STATE OF NEW JERSEY, Plaintiff-Appellant, v. DAMIAN S. … battery. While doing so, a shopping bag fell from the same compartment, which appeared to contain a handgun. Police … Super. 176, 186 (App. Div. 2018); see also State v. S.B., 230 N.J. 62, 67 (2017) (holding 10 A-2274-23 appellate courts …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-5068-17T1 STATE OF NEW JERSEY, Plaintiff-Respondent, v. JALIYL AMAKER, … testimony" which was significant as the evidence was "completely officer-based." With respect to the juror who was … to strike the four African-American jurors was "simply coincidental" and "not an effort to purge the jury of …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-4844-17T4 STATE OF NEW JERSEY, Plaintiff-Respondent, v. GENESIS … Trenton Anti-Crime (TAC) Unit, a special unit designed to combat street-level narcotic sales and violent offenders, … criminal activity may be afoot . . . ." Terry, 392 U.S. at 30. The stop must be "based on specific and articulable …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-3316-15T3 STATE OF NEW JERSEY, Plaintiff-Respondent, V. ANTHONY SMITH, … pursuant to a plea agreement in which the State recommended that he be sentenced to ten years, subject to the … his appeal, defendant filed a PCR petition on April 30, 2014. In his petition, defendant argued that he received …
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… portions of an opinion may not have been summarized. State v. Deyvon T. Chisum (A-35/36-17) (079823/079835) … Court. In this case, police officers responded to a noise complaint at a motel room and determined not to issue a … arbitrary invasions.” State v. Maristany, 133 N.J. 299, 304 (1993). “People, generally, are free to go on their way …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-1763-22 STATE OF NEW JERSEY, Plaintiff-Respondent, v. JAMIE CATELLI, … arrest was in December 2015. On August 9, 2016, trial commenced. Trooper Diego Restrepo of the New Jersey State … to continue on October 4, 2016. However, on September 30, 2016, John Novak, Esq., sent a letter and substitution …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0945-23 STATE OF NEW JERSEY, Plaintiff-Respondent, v. TYEHEEM B. … Rivera "showed up as armed and dangerous" in the police's computer system.1 Police subsequently asked the occupants to … 240 N.J. 501, 518-23 (2020); State v. Chisum, 236 N.J. 530, 545-46 (2019); State v. Pineiro, 181 N.J. 13, 20-21 …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-4422-16T4 STATE OF NEW JERSEY, Plaintiff-Respondent, v. RAELITO PALAO, … sooner based on the now discredited Child Sexual Abuse Accommodation Syndrome (CSAAS); and (4) imposed an unwarranted … may no longer be presented to juries." 234 N.J. 265, 308 (2018). It is now also definitively settled that the …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-3823-22 STATE OF NEW JERSEY, Plaintiff-Respondent, v. EVERETT E. … to be intubated. Due to bad 4 A-3823-22 road conditions and complications with his airways, they determined the … 9 A-3823-22 model causation charge under N.J.S.A. 2C:2-30 be read to the jury.2 The trial court tailored the model …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-1288-18T2 STATE OF NEW JERSEY, Plaintiff-Respondent, v. LANCE S. … conclusions that there was no expectation of privacy in the common area of the storage facility and that defendant was … the perimeter." Darren drove the blue BMW into unit 3020. According to Captain Bachok, unit 3020 was a …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-3238-17T3 STATE OF NEW JERSEY, Plaintiff-Appellant, v. CHRISTOPHER G. … which was then broadcast over the police radio. Id. at 330. Within two minutes of receiving that dispatch, an … either the witness or the victim, both of whom were in the company of police officers" when the eyewitness made the …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-5608-14T2 STATE OF NEW JERSEY, Plaintiff-Respondent, v. GARY D. SMITH, … disruptive, aggressive, and loud, and ignored Thiel's command to stop this behavior. Thiel ordered defendant to … from suspected drunk drivers. State v. Adkins, 221 N.J. 300, 317 (2015). The Court further held as follows: [L]aw …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-1705-22 STATE OF NEW JERSEY, Plaintiff-Respondent, v. DARIUS … DANK BECKETT, Defendant-Appellant. ____ Submitted January 30, 2024 – Decided March 13, 2024 Before Judges Gooden Brown … which caused his death. After defendant was served with the complaint-warrant charging him with strict liability …
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… and ANDREW M. CARROLL, ESQ., Plaintiffs-Appellants, v. THE STATE OF NEW JERSEY, GURBIR GREWAL, in his official capacity … New Jersey, and MARLENE CARIDE, in her official capacity as Commissioner of Banking and Insurance, … v. Trump Castle Hotel & Casino, 132 N.J. 546, 557- 30 A-0052-23 58, 560 (1993).14 The Court, in the spirit of …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-1259-18T4 STATE OF NEW JERSEY, Plaintiff-Respondent, v. ROBERTO … A-1259-18T4 Defendant Roberto Burgos appeals from an August 30, 2018 order denying his petition for post-conviction … an evidentiary hearing. In a March 18, 2015 order and accompanying written decision, the judge denied the …