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njcourts.gov
… appeals from the June 30, 2019 Law Division order, which denied his second petition for post-conviction … Evidence Based on Chain Of Custody/Mishandling Of DNA Samples. POINT II THE PCR COURT ERRED IN DENYING RELIEF BECAUSE … WITNESS AND TO EXPLAIN TO THE JURY DNA ANALYSIS, PRINCIPLES THE HANDLING [SIC] AND CONTAMINATION OF POTENTIAL DNA …
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njcourts.gov
… should ordinarily receive an evidentiary hearing in order to prove his entitlement to relief." Jones, 219 N.J. … 2C:11-3(a)(1) or -3(a)(2); first-degree conspiracy to commit murder, N.J.S.A. 2C:5-2; second- degree unlawful … how that withdrawal would have altered the outcome, much less lead to a better one. Defendant's bald assertions fail …
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njcourts.gov
… 1:36-3. 2 A-5522-18T2 Defendant appeals from a May 30, 2019 order denying his petition for post-conviction relief (PCR). … to request a jury charge on the defense of necessity. In a comprehensive written opinion issued on May 30, 2019, Judge … one of the victims – an off- duty police officer. Nevertheless, defendant was able to flee the scene in a 6 …
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njcourts.gov
… the vehicle, "up over the curb," in order to enter the lot, passing the driver's side on her left. As she passed the … testified she recognized her own voice telling the dispatcher that "it looks like the car was 3 A-0110-19T2 moved." … evidence — as long as it is competent and meets the requisite standards of proof." State v. George, 257 N.J. Super. …
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njcourts.gov
… and (2), and related charges, for shooting multiple passengers stopped in a vehicle. He received a sentence of … of the charges; his trial counsel failed to properly communicate with him during jury selection and did not … or the Constitution or laws of the State of New Jersey." In order to prove ineffective assistance of counsel, it must be …
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njcourts.gov
… DIGIOIA, Petitioner-Appellant, v. NEW JERSEY MOTOR VEHICLE COMMISSION, Respondent-Respondent. … and, in a May 4, 2020, Final Agency Decision issued an Order of Suspension. In that decision, the Commission's … an administrative agency's determinations or findings unless there is a clear showing that (1) the agency did not …
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njcourts.gov
… to dismiss the remaining counts in both indictments and recommend the court sentence defendant to a term of seven … individuals . . . were congregating and engaging in disorderly 5 A-3046-18 activity" in a driveway on West 3rd … units" responded to the area in unmarked police vehicles to investigate. According to Williams, although the …
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njcourts.gov
… the procedures necessary 5 A-1699-19 for a checkpoint to comply with the Fourth Amendment and Article I, Paragraph 7 … is committing a motor-vehicle violation or a criminal or disorderly persons offense." State v. Scriven, 226 N.J. 20, … safeguards. Kirk, 202 N.J. Super. at 40-41. "In order to pass muster under our [S]tate [C]onstitution, a roadblock or …
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njcourts.gov
… appeal from the Superior Court of New Jersey, Law Division, Passaic County, Indictment No. 15-03-0194. Stephen P. … v. J.L.G., 234 N.J. 265 (2018), the Child Sexual Abuse Accommodation Syndrome (CSAAS) expert testimony prejudiced his … Ibid.3 On December 8, 2020, the Supreme Court issued an order granting certification and summarily remanded this …
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njcourts.gov
… Alvarez crashed into a utility pole, severely injuring her passenger, A.D., a close friend. The State initially charged … "injurious consequences" to the victim; and the only way to combat the societal problem of drunk driving and the … factors, or (c) amounted to a clear error in judgement. In order for such an abuse of discretion to rise to the level …
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njcourts.gov
… 2 A-3198-16T3 Defendant appeals from a February 27, 2017 order denying his petition for post-conviction relief (PCR) … conviction are straightforward. Defendant was a rear seat passenger in a car driven by co-defendant, Daniel Rivera.1 … judge determined it was not "reasonably probable" the outcome of the trial would have been different due to Rivera's …
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njcourts.gov
… entry of summary judgment dismissing her premises liability complaint against defendants New Jersey Turnpike … and operated by Live Nation. Parking in one of the commuter lots, Spigai and her friends took a courtesy … slippery wet grass. Notwithstanding that finding, the order the court signed stated the expert would be barred …
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njcourts.gov
… supporting the IAC claims, namely, counsel failed to: 1) communicate adequately with defendant; 2) provide and review … his interrogation, police officers told him "this was a passion/provocation case." Defendant believed them, and … objections was "addressed on appeal." The judge entered an order denying the PCR petition and this appeal followed. …
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njcourts.gov
… STATE OF NEW JERSEY, Plaintiff-Respondent, v. CHARLES GUEST, Defendant-Appellant. … factors in an effort to reduce his plea agreement's recommended sentence of eighteen years subject to the No Early … (NERA), N.J.S.A. 2C:43-7.2. He now appeals the PCR judge's order denying his petition without an evidentiary hearing, …
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njcourts.gov
… PER CURIAM Defendant appeals from a September 18, 2017 order finding that she abused or neglected her children … A.V., C.V., JO.B., K.B., and A.B.1 At the time this matter commenced in March 2017, her children ranged in age from two … spotted on Center Street in Phillipsburg, New Jersey by a passerby who drove them home and subsequently reported …
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njcourts.gov
… unemployment benefits must be reduced due to her pension compensation. The second appeal challenges the Board's … 299 N.J. Super. 671, 674 (App. Div. 1997) (citing Fischer v. Bd. of Review, 123 N.J. Super. 263, 266 (App. Div. … is a most unfortunate consequence, albeit a necessity in order to preserve the broader public interest in the …
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njcourts.gov
… "[o]ne should anticipate that a sliding gate would jam or become inoperable, this is part of the usual job duties of … event." Ibid. (emphasis added). Likewise, a gym teacher who develops arthritis "from repetitive effects of his … testified, the gate had smoothly slid on its track in the past. There is no evidence in the record of prior incidents …
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njcourts.gov
… Deputy Executive Assistant Prosecutor, of counsel; Cheryl L. Hammel, Assistant Prosecutor, on the brief). PER … Jamie Appleby appeals the Law Division's January 26, 2018 order upholding the Lacey Township's Municipal Court's May … We affirm. On August 22, 2016 defendant was issued three complaint summonses for DWI, reckless driving, N.J.S.A. …
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njcourts.gov
… force. The jury further determined that defendant Dabney committed an assault and battery against Jacques and used … court. After a trial, Cristobal was found guilty of the disorderly persons offense of resisting arrest. Prior to trial, … The judge advised that the substance of the charge was encompassed in other instructions given to the jurors. On appeal, …
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njcourts.gov
… injury, N.J.S.A. 2C:12- 1(b)(7). The State agreed to recommend a term of non-custodial probation and dismissal of … of the indictment. The judge imposed fees and penalties and ordered defendant not to have any contact with the victim or … of the offense. Pressler & Verniero, Current N.J. Court Rules, Guideline 3(i) on R. 3:28, at 1235 (2017). There is a …