njcourts.gov
… Richard Foulks appeals from the denial of his post- conviction relief (PCR) petition. Defendant contends … The following issues are presented in this appeal: POINT I: THE PCR COURT ERRED IN DENYING DEFENDANT'S PETITION … PROVISION, HE WOULD NOT HAVE PLED GUILTY. 5 A-3817-15T1 POINT II: THE PCR COURT ERRED IN DETERMINING THAT THE …
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… a November 15, 2016 order denying his petition for post-conviction relief (PCR) NOT FOR PUBLICATION WITHOUT THE … makes two arguments, which he articulates as follows: POINT ONE – MR. PINTO IS ENTITLED TO AN EVIDENTIARY HEARING … HE SHOULD BE ALLOWED TO WITHDRAW HIS PLEA 4 A-1966-16T1 POINT TWO – THE PCR COURT ERRONEOUSLY RULED THAT MR. PINTO'S …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … or the co-defendant's criminal history. 5 A-2374-16T1 POINT ONE: THE TRIAL COURT ERRED IN DENYING DEFENDANT'S … counsel was ineffective. Having failed to make that point to the trial court, we will discount it unless it …
njcourts.gov
… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … in the RCRP. Green argues the following on appeal: Point I - Green's approval for Community Release, … capricious and unreasonable and should be reversed. Point II - Appellant's Due Process Rights were violated per …
njcourts.gov
… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … that extended term and I would evaluate the case at that point in time. Do you understand that? DEFENDANT: Yes. THE … Defendant now appeals raising the following arguments. POINT I THE PCR COURT IMPROPERLY DENIED MR. HARRIS'S …
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… the March 11, 2015 order denying his petition for post-conviction relief (PCR) without an NOT FOR PUBLICATION … 27, 2017 2 A-4259-14T1 evidentiary hearing. In a single point on appeal, defendant argues: THE PCR COURT ERRED IN … was trial strategy, not ineffective assistance. The judge pointed out trial counsel was diligent in making several …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … On appeal, the State raises the following arguments: POINT I BECAUSE N.J.S.A. 39:4-50.2 AND N.J.S.A. 39:4- … must say to motorists helps 6 A-1811-16T3 demonstrate that point. In essence, the refusal statute requires officers to …
njcourts.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 ONE THE PAROLE BOARD FAILED TO DOCUMENT THAT A … the likelihood of future criminal behavior." 6 A-2813-15T2 POINT TWO THE PAROLE BOARD FAILED TO PROVIDE ADEQUATE …
njcourts.gov
… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … with his and his codefendants' robbery of two victims at gunpoint. Prior to his sentencing on this conviction, he pled … the following issues for our consideration on his appeal: POINT I THE PCR COURT ERRED IN DETERMINING THAT COUNSEL'S …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … was pled as defendant's wife.1 On appeal, defendant argues: POINT I THE TRIAL COURT ERRED, AND ABUSED ITS DISCRETION … of protracted litigation but also to reserve judicial manpower and facilities to cases which meritoriously command …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … the judge stated, "it appears to the [c]ourt at this point that this is a . . . delay technique that . . . the … As with a motion to vacate a default judgment, there is no point in setting aside an entry of default if the defendant …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … Rule 3:22-5, respectively. Before us, defendant contends: POINT I APPELLANT’S INITIAL JULY 13, 2015 SECOND PCR BASED … Tolling Applies. [D.] Due Diligence/Reasonable Diligence. POINT II EVIDENTIARY HEARING IS REQUIRED ON THIS MATTER. …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … rule" is part of our jurisprudence, as Justice Albin pointed out in his dissent from the denial of certification … when she arrived, because plaintiff was told at some point in the middle of the day to move her car out of the …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … this as an indication that his employment was over. At no point did Texidor affirmatively state that he was "homesick" … This appeal ensued. On appeal, Texidor raises the following points: I. THE SEPARATION WAS NOT A VOLUNTARY LEAVING AS A …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … Specifically, on this appeal, defendant contends: POINT I – THIS MATTER MUST BE REMANDED FOR AN EVIDENTIARY … FACIE INEFFECTIVE FOR NOT PURSUING TRIAL COUNSEL'S ERROR. POINT II – THIS MATTER MUST BE REMANDED FOR A NEW PCR …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … raises the following arguments for our consideration: POINT I THERE WAS A DENIAL OF DUE PROCESS WHERE THE PAROLE … THE "SUBSTANTIAL EVIDENCE" STANDARD FOR DENYING PAROLE. POINT II THE FACTORS RELIED UPON BY THE PAROLE BOARD DO NOT …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … the court advise defendant of his right to have counsel appointed for him. The judge also assumed defendant's indigent … This appeal followed. Defendant presents the following point of argument: POINT I [DEFENDANT'S] PRIOR UNCOUNSELED …
default
… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any judge." Although … no hint that the arbitrator was partial. Ploszay also points out that the arbitrator violated the arbitration … reduced to judgment prior to entry of final judgment." She points to the AJOD, where it states: "this [c]ourt . . . …
njcourts.gov
… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … 6, 2022, final decision. He raises the following arguments: POINT I THE STATE AGENCY'S FAILURE TO ACT IS IN VIOLATION OF POLICY. (Raised below) POINT II THE STATE AGENCY IS PURPOSEFULLY AND CONTINUALLY …
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njcourts.gov
… and Safe Families Act The CPR board must explain the key points of the Adoption and Safe Families Act of 1997 (ASFA) … resource families who appear at the Initial Review. These points include the child’s safety, the child’s need for … -- ASFA requires that a child's safety be the paramount concern when a child is placed outside of his or her home. …