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… on a cell phone. Defendant told Collina that he was a passenger in a car; he said the shooting was a "mistake." … was freely and voluntarily given. Before the trial commenced, the trial judge discussed how his "preliminary … OF HIS CONVICTION. Defendant appeals the trial court's order denying his suppression motion. We defer to the trial …
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… it was unlikely that Douglas "would have been more forthcoming" with details concerning the incident than he was … that defense counsel's actions did not fall below the requisite standard to satisfy the Strickland/Fritz test. Nor do … counsel should have conducted a pretrial interview to discredit Douglas. See Strickland, 466 U.S. at 694. …
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… plea agreement, the State agreed to dismiss the disorderly persons offenses of possession of less than fifty … over. 3 A-1379-16T4 Belardo approached the car from the passenger side and asked the driver, subsequently identified … credentials, he noted a "very strong" odor of marijuana coming from the car. Wright told Belardo the car was …
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… CURIAM Defendant Joseph Holley appeals a December 7, 2015 order denying his motion to suppress physical evidence, two … the search warrant and defendant had not met his burden to compel the State to reveal the identity of the informant … The officers pulled to the side of the road to let the car pass them since its headlights were distracting. As the car …
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… v. ALLAN L. EAFORD, a/k/a LASHAUN EAFORD, ALAN EAFORD, LESHAUN A. EAFORD, LASHAWN S. EAFORD, LESHAUN EFORD, ALLEN … a probability sufficient to undermine confidence in the outcome." Strickland v. Washington, 466 U.S. 668, 694 (1984). … 3:22-10(b); State v. Preciose, 129 N.J. 451, 462 (1992). In order to establish a prima facie case, a defendant "must …
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… by the same theory; (2) the underlying facts are very complex; (3) the allegations of one count are either … 49, 58 (App. Div.), certif. denied, 182 N.J. 142 (2004). In order to do that, the reviewing court must "consider the … 319 N.J. Super. 1, 12 (App. Div. 1999) (quoting State v. Scherzer, 301 N.J. Super. 363, 486 (App. Div.), certif. …
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… CURIAM Defendant Javiel Toro appeals from a March 31, 2016 order denying his petition for post-conviction relief (PCR) … a psychological evaluation to determine whether he was a compulsive and repetitive sex offender. Defendant testified … of a fair trial, a trial whose result is reliable. Unless a defendant makes both showings, it cannot be said that …
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… Defendant Howard L. Ryan appeals from an April 27, 2016 order denying his petition for post-conviction relief (PCR) … or entice a minor into a motor vehicle with a purpose to commit a criminal offense with or against the child, N.J.S.A … between 7 A-4773-15T1 defendant and the officer. The principles of Miranda were not intended to hamper or inhibit police …
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… penetration during a robbery and against a physically helpless victim, N.J.S.A. 2C:14-2(a) and N.J.S.A. 2C:14-2(a)(7); … match was found in December 2006; defendant was deemed incompetent to proceed for a period of years; and the buccal … remarks were withdrawn promptly; and (3) whether the court ordered the remarks stricken from the record and instructed …
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… a USAA Louisiana policy. USAA specializes in coverage for past and present members of the United States military. … Ledet’s vehicle was not uninsured. USAA provided the requisite medical expense benefits. Finally, in Dziuba v. Fletcher, 382 N.J. Super. 73 (App. Div. 2005), plaintiffs owned …
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… or lobby. The doors were usually unlocked. On the opposite side of the lobby was a door that opened into the … Martin as "Dice," and Everett as "Pop." 8 A-4546-12T3 passengers saw two people, one walking behind the other. The … in Artwell. Nothing in the record 8 In State v. Kuchera, 198 N.J. 482, 486 (2009), the Court exercised its …
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… a police officer. The civilian ignored Mogul's request to come to the front door. Mogul observed as the civilian … courts for generations.'" Thompson v. Bd. of Trs., Teachers' Pension & Annuity Fund, 449 N.J. Super. 478, 484 … and for which he has been trained will be unlikely to pass the 'undesigned and unexpected' test." Russo, supra, …
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… second degree possession of a firearm in the course of committing a drug offense, N.J.S.A. 2C:39-4.1a; and third … to Rule 3:5-7(d), defendant appeals from the trial court's order denying his motion to suppress the evidence seized … surveillance in the west end of the city[,]" an area encompassing Myrtle Avenue and Rock Avenue. Sylvester described …
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… the scene. Del Rosario was prosecuted and convicted as an accomplice. On appeal, defendant raises the following … to identify the victim and witnesses in this matter in order to protect their privacy. 4 A-2708-14T3 police were … question by repeating the original instructions. State v. Scher, 278 N.J. Super. 249, 271 (App. Div. 1994). There was …
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… of the vehicle, a man brandishing a large knife exited the passenger-side door and ordered Ruiz to hand over his money. The attacker wore a … Martina and identified defendant in a photo array. Accompanied by Officer Martina, Ruiz identified the blue Honda …
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… the suppression record and the applicable law, we are compelled to reverse. I. We discern the following facts from … the Neptune Township Police Department observed a vehicle pass by his parked patrol car and slow down at a traffic … of the first, second, third, or fourth degree, and "disorderly persons" offenses. See N.J.S.A. 2C:1-4. Defendant …
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… house, and travel directly to an arranged location to complete the transaction with the CI during the first and … of officers executing the warrant. The detective also posited defendant's prior record exposed him to a longer … 2C:43-6f, increasing the chances that he would follow past form and resist arrest, posing a risk to the police. …
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… to Taylor, he was told to meet defendant at a condominium complex in Marlboro Township, where Narcotic Strike Officers … his residence, and entered Taylor's vehicle from the front passenger's side. Taylor further testified that defendant … residence. Valentino testified that on May 7, he provided onsite surveillance, where he had a clear observation of …
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… (LAD), N.J.S.A. 10:5-1 to -49, for failure to accommodate, wrongful termination, failure to engage in the … Anthony DePaola, M.D., diagnosed him with anxiety disorder and began prescribing Xanax on an as-needed basis for … to submit a doctor's note to their supervisor as a prerequisite to return to work. On March 18, 2013, Tosar contacted …
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… Muhammad appeals from the December 10, 2015 Law Division order denying his petition for post-conviction relief (PCR). … alleged that on September 6, 2007, defendant and two accomplices shot at another man, Jeffrey Christopher, who … AT THE TRIAL LEVEL. A. THE PREVAILING LEGAL PRINCIPLES REGARDING CLAIMS OF INEFFECTIVE ASSISTANCE OF COUNSEL, …