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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-3476-17T3 STATE OF NEW JERSEY, Plaintiff-Respondent, v. IBANGA … 154 N.J. 272, 279-81 3 A-3476-17T3 (1998) (stating that an officer is not required to accept "purely innocent …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0033-19 STATE OF NEW JERSEY, Plaintiff-Respondent, v. LEANDER … of the bag "sticking into his pants."1 Gregus said it was "common for drug dealers to . . . conceal drugs inside their … Marion v. Borough of Manasquan, 231 N.J. Super. 320, 330 (App. Div. 8 A-0033-19 1989); see also N.J.S.A. …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2800-23 STATE OF NEW JERSEY, Plaintiff-Respondent, v. YANIT VALDEZ, … second-degree aggravated arson, the State [wa]s going to recommend at sentencing six years New Jersey State Prison … Your Honor, I have satisfied my obligations . . . . My office has immigration counsel that I have been able to …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0212-21 STATE OF NEW JERSEY, Plaintiff-Respondent, v. MARK BROWNE, … (App. Div. July 24, 2019) (slip op. at 2), certif. denied, 230 N.J. 405 (2020). Defendant now appeals from a June 29, … INEFFECTIVE ASSISTANCE OF TRIAL COUNSEL FOR FAILURE TO COMPLY WITH THE COURT RULES REGARDING NOTICE OF AN ALIBI …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-5277-15T1 STATE OF NEW JERSEY, Plaintiff-Respondent, v. TYRANE MATHIS, … 2C:41-2d, and N.J.S.A. 2C:5-2; first-degree conspiracy to commit murder, N.J.S.A. 2C:11-3a and N.J.S.A. 2C:5- 2; … circumstances." Padilla v. Kentucky, 559 U.S. 356, 372, 130 S. Ct. 1473, 1485, 176 L. Ed. 2d 284, 297 (2010). The …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-3120-20 STATE OF NEW JERSEY, Plaintiff-Respondent, v. DARRELL R. … aggravated manslaughter, attempted murder, related weapons offenses, and certain persons not to have weapons for the … client out." Trial counsel further stated: "I want it to come in. I want it to be shown that she looked and didn't …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2359-22 STATE OF NEW JERSEY, Plaintiff-Respondent, v. JASON BAKER, … famil[y]. Defendant[] demonstrated that [he] had not committed infractions in prison for many years, obtained … and nine (likelihood of reoffending) also constituted 30 A-2359-22 a misapplication of discretion. As we have …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2248-17T3 STATE OF NEW JERSEY, Plaintiff-Respondent, v. NAJEE KELSEY, … supporting the IAC claims, namely, counsel failed to: 1) communicate adequately with defendant; 2) provide and review … defendant said that during his interrogation, police officers told him "this was a passion/provocation case." …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2824-15T4 STATE OF NEW JERSEY, Plaintiff-Respondent, v. JOHN LOYAL, … Submitted September 18, 2018 – Decided Before Judges Hoffman and Firko. On appeal from Superior Court of New … not satisfy the exceptional circumstances required" to overcome the time-bar). III We analyze ineffective assistance of …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-5978-17T4 STATE OF NEW JERSEY, Plaintiff-Respondent, v. GREGORY M. … and (b) (count five); second-degree conspiracy to commit aggravated assault, N.J.S.A. 2C:5-2 and N.J.S.A. … lesser mental state will suffice . . . ." State v. Jackmon, 305 N.J. Super. 274, 298 (App. Div. 1997). The model jury …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-4703-14T1 STATE OF NEW JERSEY, Plaintiff-Respondent, v. CARLOS PENA, … of his sentence."2 He also found "the protection of the community and the need for deterrence are paramount in this … If "good cause" is shown, the court may also assign the Office of the Public Defender to represent defendant. Ibid. …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-3325-22 STATE OF NEW JERSEY, Plaintiff-Respondent, v. JAVARUS … he was armed. We reverse the court's ruling because the competent evidence presented by the State did not establish … 251 N.J. at 400 (quoting State v. Chisum, 236 N.J. 530, 549 (2019) ("[j]ust because a location to which police …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0524-15T3 STATE OF NEW JERSEY, Plaintiff-Respondent, v. NICHOLAS … The State's rejection of Defendant from PTI, against the recommendation of the PTI director, should be reversed, … for the State to treat this matter as a Second Degree offense. 2. The needs and interests of the victim and …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0474-18T3 STATE OF NEW JERSEY, Plaintiff-Respondent, v. VIRGIL SUGGS, … of the charges; his trial counsel failed to properly communicate with him during jury selection and did not … "including those relating to the nature and content of off-the-record conferences between defendant and [the] trial …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0982-18T4 STATE OF NEW JERSEY, Plaintiff-Respondent, v. KENNETH … against defendant. In addition, the State agreed to recommend defendant be sentenced to six years, with a minimum … a favorable plea agreement, a decision to reject the plea offer would not have been rational under the circumstances. …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-5569-18T3 STATE OF NEW JERSEY, Plaintiff-Respondent, v. JUAN … of ineffective assistance of counsel. In a certification accompanying his petition, defendant stated he is a native and … Amendment does not apply. See, e.g., Ingraham v. Wright, 430 U.S. 651, 668 (1977). Therefore, we reject defendant's …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-3777-20 STATE OF NEW JERSEY, Plaintiff-Respondent, v. CURTIS W. … from his jury trial convictions for murder, conspiracy to commit murder, and related weapons offenses. He also appeals … an abuse of discretion." State v. Garcia, 245 N.J. 412, 430 (2021). "We will not substitute our judgment unless the …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2597-17T2 STATE OF NEW JERSEY, Plaintiff-Respondent, v. JEFFREY O. … charged with numerous controlled dangerous substance (CDS) offenses. On May 4, 2015, pursuant to a negotiated … CDS distribution, N.J.S.A. 2C:35-5(a)(1), and on June 30, 2015, he was sentenced to a five-year prison term.1 He …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0372-23 STATE OF NEW JERSEY, Plaintiff-Respondent, v. ROGER … Julie stated she "recalled feeling pain in her rectum, 'coming and going,' and hearing defendant's voice whispering, … she ever smoked marijuana. Ladies and gentlemen, is it a coincidence that all of this takes place and that night, …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0869-21 STATE OF NEW JERSEY, Plaintiff-Respondent, v. JUAN MARTINEZ, … eight); and second-degree possession of a firearm while committing a CDS crime, N.J.S.A. 2C:39-4.1(a), (count nine). … 156, 168 (2012); see also State v. Chau, 473 N.J. Super. 430, 445 (App. Div. 2022). Ineffective assistance of counsel …