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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0884-21 STATE OF NEW JERSEY, Plaintiff-Respondent, v. ALPHONSE … Regarding the credibility of the uncalled witness compared to the actual witnesses, the judge concluded, … trial attorney must confront." State v. Arthur, 184 N.J. 307, 320 (2005). Indeed, determining which witnesses to call …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-1397-18T3 STATE OF NEW JERSEY, Plaintiff-Respondent, v. TYRON … hearing. We affirm. On March 26, 2013, at about 11:30 p.m., a Burlington Township Patrolman Taylor F. Holba … her August 20, 2018 written decision. We add the following comments. We apply the familiar two-pronged Strickland …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2507-21 STATE OF NEW JERSEY, Plaintiff-Respondent, v. MICHAEL ROWEK, … Defendant was not visibly injured. Police were summoned. Officer David Chieppa—who later testified at trial as the … He asked defendant for his driving credentials; defendant complied. Officer Chieppa noted defendant was "stumbling and …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2087-23 STATE OF NEW JERSEY, Plaintiff-Respondent, v. JOSEPH M. … was speeding, crossed the double yellow lines onto incoming traffic on Route 94 North, and crashed into a Honda … to the warrant requirement." State v. Camey, 239 N.J. 282, 301 (2019). The inevitable discovery exception permits the …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-5529-17T3 STATE OF NEW JERSEY, Plaintiff-Respondent, v. DEREK MACK, … prosecutor's office, in the mid-1990s, recruited inmates to commit perjury by fabricating jailhouse admissions of other … was sentenced to three consecutive life terms, each with a 30-year term of parole ineligibility. The trial court …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0320-22 STATE OF NEW JERSEY, Plaintiff-Respondent, v. JARON … he was not informed his plea might subject him to civil commitment under the New Jersey Sexually Violent Predator Act (SVPA), N.J.S.A. 30:4-27.24 to -27.38. Defendant sought vacation of his …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-1960-19 STATE OF NEW JERSEY, Plaintiff-Respondent, v. TERRENCE … BECAUSE THE COURT MISTAKENLY RELIED UPON A YOUTHFUL OFFENDER FINDING AND APPLIED THE INCORRECT STANDARD IN … and to Effectuate the Remedial Purpose of the Sentencing Commission's Efforts Regarding Juvenile Sentencing. After …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-1009-20 STATE OF NEW JERSEY, Plaintiff -Respondent, v. SHAQUAY A. … State v. Frost, 158 N.J. 76, 83 (1999)). "If, after completing such a review, it is apparent 6 A-1009-20 . . . … was not clearly an unjust result. State v. Sherman, 230 N.J. Super. 10, 18 (App. Div. 1988) (quoting State v. …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-3479-15T3 STATE OF NEW JERSEY, Plaintiff-Respondent, v. DWAYNE … Count Three would be dismissed, and the prosecutor would recommend four years' probation conditioned on defendant … circumstances." Padilla v. Kentucky, 559 U.S. 356, 372, 130 S. Ct. 1473, 1485, 176 L. Ed. 2d 284, 297; see State v. …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0917-23 STATE OF NEW JERSEY, Plaintiff-Respondent, v. C.L., … related to events occurring between August 1, and August 30, 2017, when defendant committed multiple acts of aggravated sexual assault against …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0045-15T2 STATE OF NEW JERSEY, Plaintiff-Respondent, v. KEITH BLACK, … and (7) the cumulative effect of the errors about which he complained resulted in an unfair trial. Defendant sought an … the wrong person was prosecuted for Fuller's death, Kersey offered no specific details to support his claim, noting …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-5594-17T2 STATE OF NEW JERSEY, Plaintiff-Respondent, v. ERIC LUNSFORD, … twice been convicted of homicide. The two shootings were completely distinct events; they were committed at different … his petition for certification. State v. Lunsford, 217 N.J. 304 (2014). Defendant thereafter filed his first petition …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-4703-13T3 STATE OF NEW JERSEY, Plaintiff-Respondent, v. ALEEM MALLARD, … persons not to have weapons, N.J.S.A. 2C:39-7(b). On July 30, 2009, the judge sentenced defendant to an extended term … R. 2:11-3(e)(2). However, we make the following brief comments. There was no plain error in the identification …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-1497-22 STATE OF NEW JERSEY, Plaintiff-Respondent, v. ARTHUR F. … 2 The circumstances of the sexual crime defendant committed against the twelve-year-old victim are more fully … defendant's trial conviction. State v. Wildgoose, No. A-2303-17 (App. Div. Dec. 24, 2018). 3 We use initials to …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-1298-20 STATE OF NEW JERSEY, Plaintiff-Appellant, v. OSCAR RAMIREZ, … to defendant and his counsel. Although the criminal acts committed against the victim caused her great emotional … seen walking on 46th Street toward Kennedy Boulevard at 12:30 a.m." SVU investigators also obtained video footage …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-1105-23 STATE OF NEW JERSEY, Plaintiff-Respondent, v. ZAINABU … squarely addressed the operation issue. The hearing commenced with the prosecutor explaining to the court that … operation element of the DWI charge, causing the State to offer a favorable sentencing recommendation 3 A-1105-23 to …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0375-18T4 STATE OF NEW JERSEY, Plaintiff-Respondent, v. KWESI DIXON, … attorney persuaded the State to reduce its initial plea offer from a seven-year term with forty-two months of parole … probation in connection with those offenses at the time he committed the acts for which he was convicted in 2008. 4 …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2023-17T4 STATE OF NEW JERSEY, Plaintiff-Respondent, v. BARRY LORENZO … the police station. He was not handcuffed. His girlfriend accompanied him. Defendant was taken to an interview/coffee … (2016). Defendant filed a second PCR petition on September 30, 2016. He retained different counsel for the second PCR …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-4631-16T1 STATE OF NEW JERSEY, Plaintiff-Respondent, v. JAMIE CENTENO, … murder, N.J.S.A. 2C:11-3(a)(1)-(2), and related offenses. State v. Centeno, No. A-1523- 10 (App. Div. May 2, … CURATIVE INSTRUCTION DUE TO PROSECUTOR'S PREJUDICIAL COMMENTS DURING CLOSING ARGUMENT. C. FIRST PCR COUNSEL WAS …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-4134-16T3 STATE OF NEW JERSEY, Plaintiff-Respondent, v. MARKUS BROWN, … to have weapons) in exchange for the State's agreement to recommend a fifteen-year term of imprisonment with an … the plea hearing, defendant admitted he committed the two offenses. He acknowledged he had sufficient time to confer …