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njcourts.gov
… the police. Although the likelihood of an available gun was less here than in Rockford, in both situations the police were ordered to knock and announce their presence and were … been able to knock on the back door of the apartment and accomplish an entry that was unforced does not render their …
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njcourts.gov
… 213 N.J. 463, 478 (2013); Manalapan Realty, LP v. Twp. Comm. of Manalapan, 140 N.J. 366, 378 (1995). On appeal, … of a party . . . on the day of trial, . . . the court may order any one or more of the following: . . . (c) . . . the … was in a position to "know or have reason to know, from past experience, that there [was] a likelihood of conduct on …
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njcourts.gov
… Defendant Robert Sabatini appeals from a July 24, 2017 order denying his petition for post-conviction relief (PCR). … his attacker would have been drenched in blood, as compared to the few drops on defendant's clothing. Much of … INSTRUCT THE JURY REGARDING THE LESSER INCLUDED OFFENSE OF PASSION/PROVOCATION MANSLAUGHTER. D. THE DEFENDANT DID NOT …
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njcourts.gov
… Insurance Fund (NJIIF), the Borough's insurer, filed a complaint against defendants alleging they breached the … clause. It appeals from the Law Division's dismissal of its complaint on summary judgment, arguing that the court erred … the blog post by the OPRA requestor. The judge entered an order awarding summary judgment and dismissing the …
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njcourts.gov
… and began parole supervision. The Board mandated Moore comply with various conditions while on parole, including … those of other administrative agencies, are not reversed unless they are "arbitrary, capricious or unreasonable or … condition as imposed. We do not find the special condition ordering him to refrain from contact with L.A. violated …
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njcourts.gov
… Indictment). Defendant was also charged with several disorderly persons offenses. In 2013, a grand jury indicted … as well as the charges in an unrelated indictment, and to recommend concurrent five-year terms of imprisonment with a … trial. In a May 31, 2016 written opinion, Judge Robert G. Malestein denied the petition without an evidentiary hearing. …
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njcourts.gov
… CURIAM Inmate Emil Ruscingno appeals from a July 23, 2015 order by the New Jersey Department of Corrections (DOC) … purchase, such as sugar packets, condiments, and water bottles of cooking oil. The reporting investigator concluded, … .705 "operating a business," and .709 "failure to comply with a written rule or regulation of the correctional …
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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… will, he had no concern whatsoever regarding the decedent's competence. Hiering further testified his opinion of the … competency" in regard to the 2014 will and "rendered him less able to resist 5 A-1356-17T3 'undue influence,' if it … contest. Because defendant failed to provide either the order or the transcript of the court's oral statement of …
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njcourts.gov
… finding "a substantial likelihood exists that [he] would commit a new crime if released on parole at this time." The … assault and theft, he had been paroled five times in the past and had committed two parole violations. Appellant … the Board was not arbitrary, capricious or unreasonable in ordering an eighty-four month FET. The record showed ample …
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njcourts.gov
… 2 A-5015-16T3 Defendant Hector Feliciano appeals from an order denying his petition for post-conviction relief (PCR) … that co-defendant Santos Cuevas ("Cuevas") received a lesser sentence than that called for by the plea agreement; … v. Maryland, 373 U.S. 83 (1963). 5 A-5015-16T3 promised a lesser sentence in exchange for implicating defendant as the …
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njcourts.gov
… K.W.A. appeals from the September 5, 2017 Law Division order denying de novo his petition for post-conviction … if he: (1) Attempts to cause or purposely, knowingly or recklessly causes bodily injury to another" 3 The purported … appear on the return date of the domestic violence cross-complaints, which were dismissed five days after defendant …
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njcourts.gov
… registration, and parole supervision for life. He also was ordered to pay mandatory penalties and assessments, … charge. Counsel and the court then discussed certain lesser included offenses and agreed to charge the jury on … 41, 54 (1997)). Accordingly, a trial judge must deliver "a comprehensible explanation of the questions that the jury …
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njcourts.gov
… Division's October 28, 2016 order dismissing his amended complaint against defendants Newark Morning Ledger Co., … publication of an article (the article) on defendants' website, NJ.com, on May 13, 2013, which coincided with the … 6 A-1487-16T4 discovery would not develop one." State v. Cherry Hill Mitsubishi, Inc., 439 N.J. Super. 462, 467 (App. …
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njcourts.gov
… appeal from Superior Court of New Jersey, Law Division, Middlesex County, Indictment No. 85-06-0918. Joseph E. Krakora, … prosecutor referred to the psychological evaluation in his comments at sentencing. The Judgment of Conviction (JOC) … or to its reference in the JOC. An October 31, 2016 order and written decision followed. Judge Toto determined: …
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njcourts.gov
… of law, we affirm. On June 27, 2015, defendant was issued a complaint-summons for DWI in violation of N.J.S.A. 39:4-50. … side window. They also observed a woman asleep in the passenger's seat. Although the officers attempted to wake … of an ignition interlock for six months, and the requisite fines, fees, and costs. In this appeal, defendant …
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njcourts.gov
… Defendant Christoph Jones appeals from the March 14, 2016 order denying his motion to suppress evidence seized … contentions in light of the record and applicable principles of law, we affirm. We derive the facts from testimony … suspicion that an offense . . . has been or is being committed." State v. Carty, 170 N.J. 632, 639- 40 (citing …
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njcourts.gov
… 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 …
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njcourts.gov
… 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 …