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… made the dangerous journey to the United States as an unaccompanied minor. Defendant was diagnosed in 2018 with post- traumatic stress disorder. On August 17, 2019, when defendant was nineteen years … 22, 2020, Judge Caulfield issued a written decision and order denying defendant's motion. Defendant subsequently …
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… 2 A-1240-20 Defendant appeals from the December 14, 2020 order denying her petition for post-conviction relief (PCR). … judge's legal conclusions. Manalapan Realty, L.P. v. Twp. Comm. of Manalapan, 140 N.J. 366, 378 (1995). Defendant … a guilty plea, a Slater analysis is unnecessary.")7 Nevertheless, a review of the court's written opinion reflects a …
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… 2021 2 A-3892-18 Defendant appeals from a February 22, 2019 order denying his petition for post-conviction relief (PCR) … been done by his trial counsel would have resulted in a lesser sentence, and defendant received the exact sentence … factor. Defendant failed to demonstrate he would never become angry enough to assault someone in the future. Nor was …
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… of Labor and Workforce Development, Division of Workers' Compensation, Claim Petition Nos. 2015-28694 and 2017-25905. … Stapleton, Fires & Newby, LLP, attorneys for respondent (Cheryl A. Binosa and Kelsi L. Feldman, on the brief). PER … Bartolo A. Donzella appeals from the December 13, 2019 order entered by the Division of Workers' Compensation …
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… never asked to cross-examine defendant, we affirm. In the complaint, plaintiff alleged that it had an agreement with … factual findings and legal conclusions of the trial judge unless we are convinced that they are so manifestly … 479, 508 (1996). Here, we see no miscarriage of justice. In order to prevail, plaintiff had a burden to prove by a …
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… During the encounter, the trooper learned from the dispatcher that defendant's driver's license was suspended. The … has an articulable and reasonable suspicion that the driver committed an offense. State v. Locurto, 157 N.J. 463, 470 … plain language of the statute, however, expressly exempts passenger vehicles from this requirement. Because it was not …
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… from the Superior Court of New Jersey, Law Division, Middlesex County, Indictment No. 17-08- 0880. Michael J. … 2C:24-4(a)(1). He argues: POINT I THE [TRIAL] COURT COMMITTED PLAIN ERROR BY DENYING THE MOTION TO WITHDRAW THE … judge, who was not the plea and sentencing judge, issued an order denying the motion. In her oral decision, the judge …
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… Defendant Ronald B. Greene appeals the Law Division order denying him post-conviction relief (PCR) without an … defendant's convictions for second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2, N.J.S.A. 2C:15-1; … of custody of the weapons was not established. Nevertheless, the judge rejected defendant's argument on its merits …
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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 …