-
njcourts.gov
… N.J.S.A. 2C:15-1(a)(2); second-degree conspiracy to commit armed burglary, N.J.S.A. 2C:5-2(a)(1) and N.J.S.A. … Those convictions were based on defendant's role as an accomplice to the home invasion. On the first-degree robbery … a reasonable likelihood that his or her claim will ultimately succeed on the 6 A-0610-23 merits." State v. …
-
njcourts.gov
… Thereafter, the brother was arrested, and defendant ultimately "turned himself in." On November 9, 2020, a grand … the State explains "it took the time to review and compile the various accounts of the investigation by … record searches and investigation, in order to present a complete account of the investigation to the judge." To the …
-
njcourts.gov
… second-degree possession of a firearm in the course of committing a drug crime, N.J.S.A. 2C:39-4.1; fourth-degree … as to fall "outside the wide range of professionally competent assistance." Ibid. Courts must do so … "a reasonable likelihood that his . . . claim will ultimately succeed on the merits." State v. Marshall, 148 …
-
njcourts.gov
… underlying the convictions as follows: The offenses were committed in the course of a home invasion, in which the … inadequate instructions on identification; (4) the victim's ultimate identification of him was tainted and improperly … EFFECT OF THESE ERRORS WAS TO DENY DEFENDANT DUE PROCESS AND A FAIR TRIAL. We first address the point raised …
-
njcourts.gov
… Court of New Jersey, Law Division, Monmouth County, Complaint No. W-2022-000050-1338. Alecia Woodard, Assistant … risk that the defendant will obstruct the criminal justice process; and the PSA recommendation. [S.N., 231 N.J. at 511 … do not replace judicial discretion. Trial judges make the ultimate decision on release after they consider other …
-
njcourts.gov
… (609) 348-4515 Fax: (609) 348-6834 emuskett@foxrothschild.com Attorneys for Defendants Merck & Co., Inc. and Merck … to R. 4:23-5(a)(2), for failure to effectuate the probate process to appoint a formal estate representative and … It is well-settled that “dismissal with prejudice is the ultimate sanction, [and that] it will normally be ordered …
-
njcourts.gov
… MATTER OF STEPHEN OTTERBINE, INVESTIGATOR 1, MOTOR VEHICLE COMMISSION. ____________________________ Argued May 1, 2023 … an administrative hearing which violated principles of due process, and he seeks reversal of the final decision. We … some legally competent evidence must exist to support each ultimate finding of fact to an extent sufficient to provide …
-
njcourts.gov
… arson, N.J.S.A. 2C:17-1(a)(1). In exchange, the State recommended a five-year term of incarceration subject to the … he had pled guilty before and was familiar with the process. The court next asked petitioner if he understood … merit due to their lack of specificity. The PCR court ultimately found that petitioner had failed to meet his …
-
njcourts.gov
… agreement, defendant pled guilty to murder, conspiracy to commit murder, unlawful possession of a weapon, and … to fight deportation and remain in the United States after completing her sentence. The State argued that when she pled … alleged in the light most favorable to the defendant, will ultimately succeed on the merits[,]" and must be supported …
-
njcourts.gov
… late April and early May of 2015, defendant and his cohorts committed a series of home invasion armed robberies on and … request and noted "there has been a breakdown in communication." In response to the court's inquiry, … of the matter could have been to [defendant]'s benefit." Ultimately, the PCR judge found defendant failed to show "a …
-
njcourts.gov
… in the second- degree range. In a July 19, 2022 order and accompanying written decision, the PCR judge denied … on appeal rather than opinions or reasons proffered for the ultimate conclusion. See Do-Wop Corp. v. City of Rahway, 168 … after he became intoxicated. However, because "[c]rimes committed under the influence of alcohol . . . do not …
-
njcourts.gov
… The plea agreement further provided the prosecutor would recommend a sentence of eight years in state 1 The indictment … Defendant was sentenced on May 23, 2019. The prosecutor recommended a one-year reduction in the prison term proposed … that her claim of ineffective assistance of counsel would ultimately succeed on the merits. The court concluded: As …
-
njcourts.gov
… he was a co-sponsor of the enabling legislation which ultimately resulted in legalized pari-mutuel betting on … ably served as the first counsel to the New Jersey Racing Commission :from 1940 to 1944. In spite of his busy public … practice. He was recognized throughout the State as a very competent trial lawyer and advocate. He constantly …
-
njcourts.gov
… briefs, only five indictments are referenced in defendant's ultimate disposition. The five indictments are listed in the … of the negotiated plea agreement, the State agreed to recommend dismissal of the remaining charges and an aggregate … of defendant in 2016." Elected in 2017, the law partner commenced his term of service in January 2018, "just days" …
-
njcourts.gov
… Echelon Glen Apartments in Vorhees Township, an apartment complex owned and managed by defendants Echelon Glen and … parties." In granting summary judgment, the trial court ultimately found plaintiff voluntarily opened his door, … event, diminishing the significance of each event in the process. He argues the trial court engaged in impermissible …
-
njcourts.gov
… charged petitioner with: (1) first-degree conspiracy to commit money laundering, N.J.S.A. 2C:5-2 and N.J.S.A. … and N.J.S.A. 2C:20-6; (3) second-degree conspiracy to commit theft by deception, N.J.S.A. 2C:5-2 and N.J.S.A. … trial court properly shifted the burden to the State and ultimately found the State met its burden of demonstrating …
-
njcourts.gov
… pursuant to N.J.S.A. 2C:12-1. Defendant filed a cross-complaint against B.E.M.2 The parties agreed to voluntarily … notice to the defendant," and without the procedural due process protections attached. Vendetti v. Meltz, 359 N.J. … The more "cautious approach" would have been to "defer the ultimate decision on the issue of the commission by …
-
njcourts.gov
… several pleadings to repossess Luna including a verified complaint for wrongful distraint, seeking return of personal … in the notice of appeal which are subject to the appeal process and review." Pressler & Verniero, Current N.J. Court … meaningful manner." Doe v. Poritz, 142 N.J. 1, 106 (1995). Ultimately, due process is a flexible concept that depends …
-
njcourts.gov
… to the watch. On February 8, 2023, the Property Claims Committee notified Dix his claim could not be processed because he did not provide a receipt for the … that an appellate court will not disturb the ultimate determination of an agency unless it was arbitrary, …
-
njcourts.gov
… plea agreement, 3 A-0072-24 the State agreed to recommend a sixteen-year prison term, subject to the No Early … he understood the terms of the agreement, including the recommended prison term and the minimum period of parole … raised by defendant in his self-represented petition. Ultimately, defendant sought to withdraw his guilty plea. …