njcourts.gov
… from the Law Division's order denying his petition for post-conviction relief (PCR) NOT FOR PUBLICATION WITHOUT THE … evidentiary hearing. He makes a single argument on appeal: POINT ONE MR. RODRIGUEZ IS ENTITLED TO RELIEF ON HIS CLAIM … Counsel believed she would be able to "score those points" relating to the victim's cell phone usage without …
njcourts.gov
… Submitted February 26, 2018 – Decided Before Judges O'Connor and Vernoia. On appeal from Superior Court of New … dollars, he forcibly pulled her into the alleyway. At gunpoint, he ordered her to perform fellatio on him and then … alleging ineffective assistance of trial counsel. Appointed PCR counsel submitted a brief on defendant's behalf, …
njcourts.gov
… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … to order a hearing. Defendant now appeals, arguing: POINT I PERFORMANCE OF TRIAL COUNSEL WAS INEFFECTIVE BECAUSE … THE SENTENCING RAMIFICATIONS OF THE PLEA TO HIS CLIENT. POINT II BECAUSE THE DEFENDANT MADE A PRIMA FACIE SHOWING OF …
njcourts.gov
… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … court made clear to defendant in 2011. Likewise, the court pointed out that it was the court, not his defense counsel, … present appeal followed. On appeal, defendant raises one point, namely, that he was entitled to an evidentiary …
njcourts.gov
… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … court if they posted a bond within thirty days. At that point, plaintiffs again sought relief from the trial court, … trial judge in parting company with her conclusion on this point, as plaintiffs' counsel apparently provided …
njcourts.gov
… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … not do more harm than good. On appeal, defendant argues: POINT I THE LOWER COURT ERRED IN ITS CONCLUSION THAT … we need not consider defendant's contention on this point. Nevertheless, we have reviewed defendant's argument …
njcourts.gov
… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … Defendant presents the following arguments on appeal: POINT I: THE JURY'S LEGAL QUESTION DURING DELIBERATION, … ACCURACY," AS THE CASE LAW DEMANDS. (NOT RAISED BELOW) POINT II: THE SENTENCE IMPOSED IS MANIFESTLY EXCESSIVE. …
njcourts.gov
… a September 8, 2016 order denying his petition for post-conviction relief (PCR) NOT FOR PUBLICATION WITHOUT THE … reflected that the residence was multi-family, the judge pointed to the fact the sole account holder for the entire … available to the officers at the time. While [defendant] points to evidence suggesting that the residence could be …
njcourts.gov
… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … to ever be reached." In contrast, the Commissioner pointed out that here the Board gave petitioner notice of … of a hearing. That issue is not before us. Nevertheless, we point out that the hearing should be meaningful and should …
njcourts.gov
… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … as part of the plea bargain. 3 A-2889-16T2 Q. [A]t some point, you were going to meet with [your co-defendant] and . … to a different date, defense counsel asked: Q. [A]t some point, the police came to your house and executed a search …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … .380 caliber semi-automatic handgun loaded with ten hollow point bullets and four ball rounds of ammunition. Morris … the locker because it involved private property. By that point Menu Foods had already decided to search defendant's …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … fact in dispute. On appeal, Stanziano raises the following point for our consideration: POINT I THE BOARD'S DECISION IS ARBITRARY, CAPRICIOUS, AND …
njcourts.gov
… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … contend the font used in the arbitration provisions is "9-point arial." Defendants note the entire agreement uses the … final hearing. 7 A-4448-19 On appeal, plaintiffs raise four points for our consideration. Procedurally, plaintiffs …
njcourts.gov
… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … motion is denied. On appeal, plaintiff raises these issues: POINT I THE FAILURE TO INCLUDE THE BURDEN OF PROOF ON THE … SHEET RESULTED IN A MISCARRIAGE OF JUSTICE UNDER THE LAW. POINT II A DE NOVO REVIEW OF THE TRIAL JUDGE'S DECISION IS …
njcourts.gov
… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … he had given to detectives. On appeal, he argues: POINT I [DEFENDANT'S] STATEMENT WAS IMPROPERLY RULED … THE FUNCTIONAL EQUIVALENT OF CONTINUED INTERROGATION. POINT II [DEFENDANT'S] SENTENCE IS EXCESSIVE AND MUST BE …
njcourts.gov
… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … This appeal followed. Defendant raises the following points for our consideration: I. THE LAW DIVISION ABUSED ITS … we do not reach the issues raised by defendants in Points I through III. The order granting leave to file a …
njcourts.gov
… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … petition. This appeal followed. On appeal defendant argues: POINT I: THE PCR COURT ERRED IN DENYING DEFENDANT'S PETITION … Padilla, 559 U.S. at 369. However, a counsel's "failure to point out to a noncitizen client that he or she is pleading …
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… in some parts of the record and "Garett" in others. For consistency, we use the name as "Garett" because it appears … raises the following arguments for our consideration: POINT I THE LOWER COURT'S DECISION MUST BE VACATED SINCE IT … STATUTORY AND COMMON LAW IN MEDICAL MALPRACTICE ACTIONS. POINT II THE PLAINTIFF SUBSTANTIALLY COMPLIED WITH THE [AOM …
njcourts.gov
… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … the following arguments for this court's consideration1: POINT I THE PCR [JUDGE] ERRED WHEN [HE] FAILED TO GRANT … State v. Preciose, 129 N.J. 451, 460 (1992))). 3 A-3068-19 POINT II SENTENCING COUNSEL'S FAILURE TO INVESTIGATE AND …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … as to what time [he] showed up at the scene." At that point, the court interjected and asked if there was "any … of cross-examination, he did not seek a continuance at that point to pursue further discovery based on A.G.-B.'s use of …