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… Defendant Ian Persaud appeals from a September 16, 2019 order denying his petition for post-conviction relief (PCR) … probability is a probability sufficient to undermine the outcome." Id. at 694. Defendant's claims are unquestionably … more than five years after the judgment of conviction unless the petition "alleges facts showing that the delay …
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… J. Marzarella, Chief Appellate Attorney, of counsel; Cheryl L. Hammel, Assistant Prosecutor, on the brief). PER … set forth in Judge Michael T. Collins' thoughtful and comprehensive written opinion dated June 6, 2019. On July … the truck, he saw defendant adjusting himself in the passenger seat while a female, later identified as Susan …
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… argues that condition may have contaminated the breath samples. We reject both these arguments and affirm. In the Law … inference should arise tha t the State did not fully comply with the procedural requirements established in State … and the equipment is properly tested and in working order. See State v. Campbell, 436 N.J. Super. 264, 270 (App. …
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… of the United States, appeals from a November 30, 2017 order denying her petition for post-conviction relief (PCR) … health issues "could amount to excusable neglect to overcome the time bar." Following argument on November 30, 2017, … the issues raised in view of the governing legal principles. Citing our decision in State v. Dugan, 289 N.J. Super. …
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… an eighteen- year plea offer. He contends his attorney visited him in the prisoner holding area on June 24, 2009, … to jail, the State advised it would not accept a plea of less than thirty years. The PCR court denied petitioner's … our Supreme Court in State v. Fritz, l05 N.J. 42 (l987). In order to prevail on a claim of ineffective assistance of …
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… the reasons outlined by Judge Angela F. Borkowski in her comprehensive and cogent written opinion. We add some brief … statute liberally to achieve its stated purpose. Young v. Schering Corp., 141 N.J. 16, 25 (1995). It is … properly noted, appellant was convicted well after the passage and effective date of subsection (g). Accordingly, …
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… PER CURIAM Defendant Ibrahim Dao appeals from an order, entered by the Law Division on August 23, 2017, … accident. He "dialed 911 and asked for an ambulance to come to [his] address." Defendant's trial counsel declined … courts are not required to conduct evidentiary hearings unless the defendant establishes a prima facie case and "there …
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… Eugene Walker appeals from a July 20, 2018 Law Division order denying his petition for post-conviction relief (PCR) … a multi-count indictment with second-degree conspiracy to commit robbery, contrary to N.J.S.A. 2C:5-2 (count one); … (count five). The State refused to offer a plea agreement unless defendant also agreed to plead guilty to a homicide …
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… involving more than one victim, provided the offenses were committed within a single household. 3 A-3147-18T1 B. J.P. … from Internet registration of an offender's record. In order to qualify for an exception, an offender's risk level, … any other construction of the statute would render meaningless the following closing language to the pertinent …
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… opinion of Judge William A. Daniel. We add only a few comments. The underlying facts are detailed in our April … of presenting a prima facie case of ineffectiveness in order to obtain an evidentiary hearing. State v. Preciose, … ineffective in failing to object to certain comments made by the prosecutor in closing arguments to the …
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… to his car, and he was living too far from Toms River to commute. He also stated that he could not afford to commute … 210 (1997). The agency's decision may not be disturbed unless shown to be arbitrary, capricious, or unreasonable. … responsibility to do what is necessary and reasonable in order to remain employed." Id. at 288. 7 A-2215-19 We are …
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… motions for summary judgment and dismissed plaintiff's complaint based on his inability to describe what caused him … argues that the motion judge erred in dismissing the complaint as a matter of law because there are material … and that the moving party is entitled to a judgment or order as a matter of law." R. 4:46-2(c). 8 A-4503-18 Our …
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… appeal from the Superior Court of New Jersey, Law Division, Passaic County, Municipal Appeal No. 6184. Law Offices of … A CONSCIOUS INTENTION TO DO SO. II. THE MUNICIPAL COURT COMMITTED REVERSIBLE ERROR BY FAILING TO DISQUALIFY [THE … no mention of "driving" as a fact that must be proven in order to convict an individual of this offense.1 The statute …
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… PER CURIAM Defendant Samuel Patriaco, Jr., appeals from the Order of the Criminal Part denying his post-conviction … to dismiss the remaining counts in the indictment and recommend defendant be sentenced to an eighteen-year term of … 2C:43-7.2. Defendant reserved the right to argue for a lesser sentence. 3 A-4547-19 At the plea hearing held on …
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… robbery, N.J.S.A. 2C:15-1; first-degree conspiracy to commit murder or robbery, N.J.S.A. 2C:5-2; second-degree … confessed to killing the victim. In January 2020, we ordered a limited remand to allow the PCR court to address … it failed to comply with the New Jersey Court Rules; and no one could attest to its veracity. Additionally, …
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… 2 A-1374-19 Defendant Teresa Verbout appeals from an order denying her petition for post-conviction relief (PCR) … of the negotiated plea agreement, the State agreed to recommend defendant be sentenced on the indictable charge to … counsel at her plea and sentencing, Daniel A. Colfax, passed away in August 2019. 2 N.J.S.A. 2C:43-7.2 4 A-1374-19 …
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… Defendant Rashon Jones appeals from an April 29, 2024 order denying his motion to correct an illegal sentence, … unconstitutional and excessive given his age when he committed the offense. Perceiving no merit to defendant's … development supported his claim for a jury instruction on passion-provocation manslaughter, potentially warranting a …
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… APPELLATE DIVISION DOCKET NO. A-0262-24 SENECA INSURANCE COMPANY, INC., a/s/o FASTLINE CARGO, LLC, Plaintiff-Appellant, v. THEOPHILUS O. CHARLES, KEYSTONE FREIGHT CORP. and NATIONAL RETAIL SYSTEMS, … 2000) (affirming the grant of summary judgment even though order merely stated "denied")). Our review of video evidence …
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… forty years of marriage, plaintiff Teresa Krawec filed a complaint for divorce. The parties have two emancipated, … courtroom[,] and he refuses to participate in the trial unless the children are removed. I ask that the adult children be ordered to leave the courtroom so that they're not privy to …
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… Defendant Abdullah Sharrif appeals from an April 2, 2024 order which denied his motion to correct an illegal … 5, 2021), certif. denied, 250 N.J. 488 (2022). We nevertheless briefly summarize the facts to lend context to the … 2, 2024, the court stated: the sentencing court conducted a comprehensive hearing that included arguments of counsel, a …