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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2978-16T2 STATE OF NEW JERSEY, Plaintiff-Respondent, v. JAMES L. … Donaire ordered defendant to stop. When he failed to comply, the officers began a foot pursuit. Defendant ran … criminal activity may be afoot . . . ." Terry, 392 U.S. at 30 (Harlan, J., concurring). The stop must be "'based on …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-3163-19 STATE OF NEW JERSEY, Plaintiff-Respondent, v. J.R.L.,1 … Raised Below) 2 HSV-2 and HSV-1 cause genital herpes, a common sexually transmitted infection. Genital … due to her lack of access to the children. On March 30, 2015, Janelle and defendant ended their relationship, …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-1775-22 STATE OF NEW JERSEY, Plaintiff-Appellant, v. GARRETT D. … as permitted under N.J.S.A. 2C:44-1(f)(2), the State recommended that defendant be sentenced in the third-degree … 135, 145 (2019) (citing State v. Schubert, 212 N.J. 295, 308 (2012)). "Those two categories of illegal sentences have …
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… portions of an opinion may not have been summarized. State v. Mark Melvin (A-44-19) (083298) State v. Michelle … These consolidated appeals test that principle through a common legal issue: whether a trial judge can consider at … to a jury, and proved beyond a reasonable doubt.” 530 U.S. 466, 490 (2000). Here, because neither defendant was …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0282-21 STATE OF NEW JERSEY, Plaintiff-Respondent, v. MIGUEL A. … 2C:35-4; second-degree possession of a firearm while committing a CDS offense, N.J.S.A. 2C:39-4.1(a); and … 203 (App. Div. 2004), and State v. Ternaku, 156 N.J. Super. 30, 34 (App Div. 1978). Finding defendant "never completed …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0303-23 STATE OF NEW JERSEY, Plaintiff-Respondent, v. CARLOS … assault, and second- degree child endangerment—crimes he committed against his eight-year-old stepdaughter, E.C.1 At …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2503-19 STATE OF NEW JERSEY, Plaintiff-Respondent, v. KIM A. CARTER, … MOTION AS THE PROSECUTOR DURING HIS OPENING STATEMENT COMMITTED PROSECUTORIAL MISCONDUCT A) BY IMPROPERLY … I. The salient facts are as follows. At approximately 8:30 p.m. on November 17, 2017, the police responded to the …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-1761-21 STATE OF NEW JERSEY, Plaintiff-Respondent, v. WILLIE E. … possession of a handgun. He contends the prosecutor committed a patent and gross abuse of discretion by … the meaning and scope of the Second Amendment.5 See id. at 30 n.8 (noting "the United States Supreme Court is the final …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-3102-21 STATE OF NEW JERSEY, Plaintiff-Respondent, v. QUMERE … Defendant also convicted of second-degree conspiracy to commit burglary and robbery, second- degree tampering with a … the first PCR court denied defendant's petition on January 30, 2017, following oral argument on procedural and …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-4915-16T2 STATE OF NEW JERSEY, Plaintiff-Respondent, v. ZARIK ROSE, … After a 2007 trial, a jury found defendant guilty, as an accomplice, of purposeful murder of Charles Mosley. The … 285, 295 (App. Div. 1994)); see also Johnson v. Zerbst, 304 U.S. 458, 464 (1938). 11 A-4915-16T2 A two-step process …
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… APPELLATE DIVISION DOCKET NO. A-2225-15T4 A-5597-15T4 STATE OF NEW JERSEY, Plaintiff-Respondent, v. LUIS TORRES, … PER CURIAM Defendant was charged as a juvenile offender for committing an armed robbery and murder at a jewelry store in … awarded subsequent to the expiration of the term." N.J.S.A. 30:4-123.51(a). Accordingly, defendant's argument, which in …
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… NO. A-1560-19 DAVID BONANATA, Plaintiff-Appellant, v. STATE OF NEW JERSEY, DEPARTMENT OF CORRECTIONS, DEREK … cutting and general lawn maintenance. Defendant corrections officer Derek Slimmer was the outside detail sergeant … get to." The "scag" was a Husqvarna-brand, self- propelled commercial mower, which had a one-wheeled platform, known as …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-1555-18 STATE OF NEW JERSEY, Plaintiff-Respondent, v. JEROME … rear license plate, on which the words "Garden State" were "completely" covered. Katsoulis stated that the vehicle was … Locurto, 157 N.J. 463, 470 (1999) (quoting State v. Smith, 306 N.J. Super. 370, 380 (App. Div. 1997)) (citing Delaware …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-3596-22 STATE OF NEW JERSEY, Plaintiff-Respondent, v. LUIS A. PEREZ, … were credible and defendant was not credible. On July 30, 2018, the first PCR court entered an order denying his … 3:22- 12(a)(2), following a non-evidentiary hearing. In a comprehensive twenty-four- page memorandum of decision, the …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-5605-18 STATE OF NEW JERSEY, Plaintiff-Respondent, v. GERARD E. … amendments to N.J.S.A. 59:4-50(a) apply only to offenses committed "on or after December 1, 2019"). 4 A-5605-18 … of the enhanced penalties "upon conviction." N.J.S.A. 30:4-50(c). A defendant cannot be convicted of a DWI offense …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-4710-16T3 STATE OF NEW JERSEY, Plaintiff-Respondent, v. DEWAYNE R. … 2C:35-5(b)(11) (Count V); possession of a firearm while committing a CDS offense, second-degree, N.J.S.A. … and Jason Astbury were conducting surveillance on January 30, 2011, at 1:00 a.m. and observed defendant and his …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-4920-16T3 STATE OF NEW JERSEY, Plaintiff-Respondent, v. RASU LEE, … facts, drawn from the evidence presented at trial. On July 30, 2014, at approximately 3:30 a.m., officers Ralph Merced … the driver made a left turn onto Mercer, but failed to come to a complete stop at the stop sign. The Toyota turned …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-1710-20 STATE OF NEW JERSEY, Plaintiff-Respondent, v. A.A., … that count eight be merged into count seven but the NERA component of this sentence on count eight still applied. The … petition for certification. 220 N.J. 40 (2014). On April 30, 2014, the sentencing court entered a change of judgment …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0187-17T4 STATE OF NEW JERSEY, Plaintiff-Appellant, v. STEBBIN DREW, … walked into the station, he saw defendant's picture on a computer in a "NY/NJ HIDTA [High Intensity Drug Traffic … dissimilar and, therefore, inapposite. In State v. Mance, 300 N.J. Super. 37 (App. Div. 1997), for example, a …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-3166-20 STATE OF NEW JERSEY, Plaintiff-Respondent, v. LONNIE … Because we conclude the prosecutor made several improper comments during the closing argument, including commentary … 238 N.J. at 275 (quoting State v. R.B., 183 N.J. 308, 330 (2005)). In the matter under review, we conclude it …