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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-3360-23 STATE OF NEW JERSEY, Plaintiff-Respondent, v. PETER JAMES, … to determine defendant's sanity at the time of the offense based upon his medical history and failure to take … nor have I dealt with that in-house regarding any sort of competency issue. During my interviewing [and] meeting with …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-4499-15T1 STATE OF NEW JERSEY, Plaintiff-Respondent, v. EDWARD HELMES, … of DWI, but found defendant not guilty of the remaining offenses based on his determination they were "part and parcel" of defendant's commission of the DWI offense.1 Defendant was sentenced to a …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-5191-14T1 STATE OF NEW JERSEY, Plaintiff-Respondent, v. ANTOINE … counsel, a reasonable probability existed that the outcome of the appeal would have been different. Defendant … trial counsel failed to communicate the defendant's plea offer to the State;" (2) "trial counsel provided a generic …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-3589-16T3 STATE OF NEW JERSEY, Plaintiff-Respondent, v. LEON NELSON, … an expert retained to opine in that regard could not offer an opinion helpful to defendant. Notwithstanding, the … hearing on three of his assertions, namely: A. Failure to Communicate and Investigate. B. Failure to Call [the First …
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… Decided Before Judges Fisher and Ostrer. On appeal from the State Department of Education, Docket No. 94-5/13. Melissa … S. Porrino, Attorney General, attorney for respondent Commissioner of Education (Beth N. Shore, Deputy Attorney … result, inasmuch as the Board apparently was no more aware than petitioner was of the certificate requirement when it …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0372-16T3 STATE OF NEW JERSEY, Plaintiff-Respondent, v. RAMON … by finding his former counsel's testimony more credible than his, and defendant maintains that his former counsel … was entered prior to Padilla v. Kentucky, 559 U.S. 356, 130 S. Ct. 1473, 176 L. Ed. 2d 284 (2010), only negligent …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-4059-17T1 STATE OF NEW JERSEY, Plaintiff-Respondent, v. ANDRE CUTLER, … a woman who was in her vehicle waiting for friends to come out of the store. The police apprehended him before he … Court denied certification on October 13, 2004. 217 N.J. 304 (2014). 3 A-4059-17T1 Defendant took no further action …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-1678-15T2 STATE OF NEW JERSEY, Plaintiff-Respondent, v. EDWARD PHITTS, … The officers directed defendant to exit the vehicle and he complied. Opaleski directed Clyne to conduct a pat-down … entitled to any special deference." State v. Lamb, 218 N.J. 300, 313 (2014). Here, we consider the court's determination …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2975-21 STATE OF NEW JERSEY, Plaintiff-Respondent, v. DANA TOKLEY, … defendant's petition for certification. State v. Tokley, 230 N.J. 616 (2017). In August 2018, defendant filed a second … forth in Rule 3:22. Second or subsequent PCR petitions must comply with the requirements of Rules 3:22-4(b) and …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-3042-22 STATE OF NEW JERSEY, Plaintiff-Respondent, v. … but argued counsel's 9 A-3042-22 challenge, although "compelling[,] . . . was clearly filed way too late," and …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0349-21 STATE OF NEW JERSEY, Plaintiff-Respondent, v. WILLIAM GARCIA … which officers found three kilos of heroin in a hidden compartment built into the dashboard. Defendant contends the … on March 11, 2021, with oral argument heard on June 30, 2021. In September 2021, the trial judge denied …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2485-21 STATE OF NEW JERSEY, Plaintiff-Respondent, v. PASCAL EXILUS, … the morning of November 20, 2015, Flemington Borough police officer Robert Godown observed defendant's car with its … a probability sufficient to undermine confidence in the outcome." Gideon, 244 N.J. at 550-51 (alteration in original) …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-3461-22 STATE OF NEW JERSEY, Plaintiff-Respondent, v. CATHERINE … (1964)). The signs of alcohol intoxication "are matters of common knowledge and experience." State v. Amelio, 197 N.J. … underlying facts constituting essential elements of the [offense]." State v. Gregory, 220 N.J. 413, 419 (2015) …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-3437-19 STATE OF NEW JERSEY, Plaintiff-Respondent, v. CHARLES … the reasons stated in his nine-page written decision that accompanied his order denying relief. On appeal defendant … having committed first-degree murder and related weapons offenses, for which he 3 A-3437-19 received an aggregate …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0401-19 STATE OF NEW JERSEY, Plaintiff-Respondent, v. HINA RABIA, … N.J.S.A. 2C:17-1(b)(1), in exchange for the State's recommendation that she receive a probationary sentence. 3 … Fritz, 105 N.J. at 64; see also State v. Arthur, 184 N.J. 307, 327-28 (2005). Defendant also failed to satisfy the …
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… APPELLATE DIVISION DOCKET NO. A-4552-14T1 A-0593-16T2 STATE OF NEW JERSEY, Plaintiff-Respondent/ Cross-Appellant, … in part, memorializing its decision in an order and accompanying memorandum. Following the court's decision, the … sweater, and dark sunglasses. Two weeks later, on December 30, 2012, Detective Tierney was assigned to investigate a …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-3169-16T4 STATE OF NEW JERSEY, Plaintiff-Respondent, v. JOHN DEROSA, … _____________________________ Argued January 30, 2019 – Decided July 3, 2019 Before Judges Koblitz, … surprised to find Sylvia was not alone. Her son Xavier had come to help his parents and stood with his mother in the …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-1929-22 STATE OF NEW JERSEY, Plaintiff-Respondent, v. BRYANT … hearing. We affirm. The underlying facts concerning the offenses involved in this matter are set forth in our prior … fully explained the basis for each of his rulings in his comprehensive opinion which detailed his findings of facts …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0156-16T3 STATE OF NEW JERSEY, Plaintiff-Respondent, v. LOUIS LUIBIL, … was apprehended minutes later. A Belleville police officer saw him drive the Taurus over a double-yellow line … AND THESE DEFICIENT PERFORMANCES MATERIALLY AFFECTED THE OUTCOME OF THE PROCEEDINGS; THIS PROCEDURE ALSO CONSTITUTES A …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-1617-18T4 STATE OF NEW JERSEY, Plaintiff-Respondent, v. SYLVIA … well-reasoned oral opinion. Because Judge Schuck's opinion comprehensively and correctly addressed all of defendant's … Lindenwold. The police were called and when one uniformed officer tried to place defendant in handcuffs, she resisted …