njcourts.gov
… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … his house under false pretenses and threatened them at gunpoint. Prior to the attack, 3 A-3151-20 defendant had … failed to conduct an adequate investigation, the judge pointed out that trial counsel had provided a "witness list …
njcourts.gov
… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … pick up his girlfriend, Dinora Rodriguez from work. At some point Rodriguez told Mario Ortiz1 a patron at the bar, that … wanted to take her with him to his house . . . [s]o at that point she was telling him that she didn't want to go with …
njcourts.gov
… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … down to him meant, and he replied "[s]he's screaming and pointing fingers and tellin' me . . . that I'm evil; that … to give a full view of the whole room to the door. At that point, K.C. left the bedroom. The court asked P.C. "[w]hat …
njcourts.gov
… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … reflected in the audio recording admitted at trial, at one point J.B. stated to R.B., "touch me again . . . [and] go to … R.B.'s argument that J.B. consented to the assault. On this point, the court relied on Model Jury Charge (Criminal), …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … defense[s]," noting that it was "not relevant" at that point, and entered a memorializing order to sever defendants … followed. On appeal, the State raises the following single point for our consideration: 9 A-0041-17T2 POINT I THE TRIAL …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … AND EXCESSIVE. In his PCR appeal, defendant argues: POINT I: THE POST-CONVICTION RELIEF COURT ERRED IN DENYING … COUNSEL. In a pro se supplemental brief, defendant argues:2 POINT I: THE INADEQUATE REPRESENTATION THAT PETITIONER …
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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 arguments: POINT I: THE STATE'S UNREASONABLE DELAY OF FOUR YEARS, THREE … THIS CASE DEPRIVED [N.E.] OF HIS RIGHT TO A SPEEDY TRIAL. POINT II: ADMISSION OF SURROGATE TESTIMONY BY THE STATE'S …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … responsible. On appeal, defendant raises the following points of error for our consideration: POINT I WHEN SOME EYEWITNESSES PRESENTED A SCENARIO THAT …
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… order of the Law Division denying his petition for post-conviction relief NOT FOR PUBLICATION WITHOUT THE APPROVAL … testimony were proper. On appeal, defendant argues: POINT I THE COURT ERRED IN DENYING DEFENDANT'S PETITION FOR … THAT HE FAILED TO RECEIVE EFFECTIVE LEGAL REPRESENTATION. POINT II TRIAL COUNSEL'S FAILURE TO REQUEST A HEARING …
njcourts.gov
… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … form. She testified that the officers had their guns pointed at them when they answered the door. When the SWAT … members [were] holding weapons," these weapons "were not pointed at anyone." Further, the court said McLaughlin …
njcourts.gov
… PER CURIAM Defendant Marcus A. Davis appeals from his conviction, after a jury trial, of third-degree possession … a defense objection to what the officer was told. The point is not raised on appeal. 2 Defense counsel did not … digital scales, and thirty-one unused plastic bags. At one point, defense counsel expressly told the detective, "I'm …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … defendant articulates his arguments as follows: POINT I: THE PCR COURT ERRED IN CONCLUDING THE NEWLY … WAS INSUFFICIENT TO ENTITLE [DEFENDANT] TO A NEW TRIAL POINT II: THE PCR COURT ERRED IN DENYING [DEFENDANT] AN …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … appeal followed. On appeal, defendant raises the following points for our consideration: POINT ONE DEFENDANT WAS DENIED EFFECTIVE ASSISTANCE OF …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … head trauma, which caused her death.1 On appeal, he argues: POINT I [DEFENDANT] REPEATEDLY INVOKED HIS RIGHT TO REMAIN … THESE REPEATED INVOCATIONS SHOULD HAVE BEEN SUPPRESSED. POINT II DEFENSE COUNSEL WAS UNCONSTITUTIONALLY INEFFECTIVE …
njcourts.gov
… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … that at least one of the suspects appeared to be armed and pointed a gun at his dog. Upon arriving at approximately … burglar appeared to be armed with a handgun gun which he pointed at the resident's dog. Moreover, rather than comply …
njcourts.gov
… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … on several occasions. On the last day of trial, the judge pointed out that there were no viable lesser included … II. On appeal, defendant presents the following arguments: POINT I – THE TRIAL COURT ERRED BY FAILING TO CHARGE …
njcourts.gov
… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … with a gun in his hand. The gun jammed while Gaskins was pointing it at Harper. While Gaskins attempted to un-jam the … filed his first pro se PCR petition. Thereafter, through appointed counsel, defendant filed an amended PCR petition …
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… 31, 2019 – Decided July 19, 2019 Before Judges Simonelli, O'Connor and DeAlmeida. On appeal from the Superior Court of … asserts the following arguments for our consideration: POINT I: THE TRIAL COURT'S FACTUAL FINDINGS, AS WELL AS THE … TRIAL AND OFFENDS THE INTERESTS OF JUSTICE. 8 A-4716-16T1 POINT II: THE TRIAL COURT MISAPPLIED AND FAILED TO APPLY …
njcourts.gov
… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … the admissibility of Dr. Andrews' report as net opinion, we point to the standards guiding our appellate review. We … 296 (App. Div. 2009) (explaining experts "must be able to point to generally accepted, objective standards of practice …
njcourts.gov
… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … Defendant filed a PCR petition in November 2017. Through appointed counsel, and by way of his own pro se submission, … of a written opinion. Defendant appeals, arguing through appointed counsel that the PCR judge erred in denying …