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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-5298-14T4 STATE OF NEW JERSEY, Plaintiff-Respondent, v. O.C. … OF LAW. Defendant challenges the Mercer County Prosecutor's Office detective's affidavit in support of the warrants to … the premises under surveillance. [169 N.J. at 215 (quoting Commonwealth v. Desper, 643 N.E.2d 1008, 1011 (Mass. …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-1779-17T4 STATE OF NEW JERSEY, Plaintiff-Respondent, v. JOHN A. … conviction. State v. Denofa, 187 N.J. 24, 29 (2006). On May 30, 2007, defendant filed his first PCR petition, alleging … charged that trial counsel, not PCR counsel, had committed several ethical violations. 5 A-1779-17T4 The PCR …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-3295-10T3 STATE OF NEW JERSEY, Plaintiff-Respondent, v. MEREDITH N. … Liner examined D.C. Dr. Liner testified that she conducted complete physical and neurological examinations of D.C. She … father, Cathy and D.C. returned home. At approximately 8:30 that evening, Cathy put D.C. to bed. Approximately two …
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… APPELLATE DIVISION DOCKET NOS. A-2022-18T2 A-2024-18T2 STATE OF NEW JERSEY, Plaintiff-Respondent, v. R.K., … appeals consolidated for all purposes as they share common facts and issues. 3 A-2022-18T2 I. We begin with a … on Packingham v. North Carolina, 582 U.S. ___, 137 S. Ct. 1730 (2017), which found a North Carolina statute making it a …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-3872-15T3 STATE OF NEW JERSEY, Plaintiff-Respondent, v. ADOLPHUS … Law Division, Gloucester County, Indictment No. 14-05-0530. Joseph E. Krakora, Public Defender, attorney for … and defendant visited his sister that evening. She became uncomfortable when an argument with his sister was "getting a …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2266-22 STATE OF NEW JERSEY, Plaintiff-Respondent, v. ELEX HYMAN, … challenge the affidavit in support of a wiretap order and communication data warrants (CDW). The gravamen of … 2C:35-5(b)(2) and second-degree conspiracy to commit that offense, N.J.S.A. 2C:5-2. The trial court sentenced him to a …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-1915-23 STATE OF NEW JERSEY, Plaintiff-Respondent, v. ELINA GUTTI, … adequately establish that she voluntarily, knowingly, and competently waived her right to a jury trial. We agree, … N.J. Const. art. I, ¶ 9; see also State v. Dunne, 124 N.J. 303, 316 (1991) (explaining a "trial by jury is fundamental …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-3972-22 STATE OF NEW JERSEY, Plaintiff-Respondent, v. JOHN FARKAS, … criminal restraint, N.J.S.A. 2C:13-2. The alleged offenses were committed against a seventeen-year-old victim. On September …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-1829-21 STATE OF NEW JERSEY, Plaintiff-Respondent, v. JOHN DEROSA, … reasons set forth in Judge Patrick J. Arre's thoughtful and comprehensive written opinion. I. The underlying facts of … investigator" because the staff investigator from the Office of the Public Defender (OPD) was unable to pursue …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0370-17T2 STATE OF NEW JERSEY, Plaintiff-Respondent, v. MICHELLE … home. Police suspected Sedin and his brothers of having committed a string of armed robberies involving cash and … defendant, who refused police demands to turn it over. The officer in charge repeatedly warned defendant she would be …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-3948-17T4 STATE OF NEW JERSEY, Plaintiff-Respondent, v. ENOCK TELLUS, … Enock Tellus of first-degree murder and related weapons offenses in the 2004 shooting death of Clark "Biggie" Simon … for the reasons expressed in Judge Caulfield's comprehensive written opinion, including the judge's …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0779-22 STATE OF NEW JERSEY, Plaintiff-Respondent, v. JASON DRIESSE, … he had prior sexual relations but was never involved in a committed relationship with, to an isolated wooded area of … right; and (4) the prejudice to the defendant. 407 U.S. at 530-31. 2 It was actually 2,106 days. 6 A-0779-22 A judge …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-1798-22 STATE OF NEW JERSEY, Plaintiff-Respondent, v. JESSE SANTANA, … PRONG OF THE STRICKLAND/FRITZ[1] TEST IS SOMEWHAT LOWER THAN THAT DEMANDED BY A PREPONDERANCE OF THE EVIDENCE. … experiences to himself and, as such, his illness had not come to the attention of mental health services. At the …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2010-16T4 STATE OF NEW JERSEY, Plaintiff-Respondent, v. CARLOS RAMON … State v. Gutierrez, No. A-1235-13 (App. Div. Nov. 30, 2015) (Gutierrez II). We said "the record is silent … defendant wanted to testify; rather, defendant was "non-committal." Also, just before defendant could have …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-1578-22 STATE OF NEW JERSEY, Plaintiff-Respondent, v. JOSEPH … During the homicide investigation, the State filed several communications data warrant (CDW) and search warrant … A search was conducted pursuant to the warrant. On October 30, 2019, a Hudson County grand jury charged defendant with …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0378-19 STATE OF NEW JERSEY, Plaintiff-Respondent, v. ALI KARIM, … 2C:29-2(b) (count 22); second- degree conspiracy to commit aggravated assault, N.J.S.A. 2C:5-2; N.J.S.A. … N.J.S.A. 2C:39-4(a); N.J.S.A. 2C:39-5(b), (f) (counts 30, 31, 32, 33); two counts of fourth-degree possession of a …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-4333-17T4 STATE OF NEW JERSEY, Plaintiff-Respondent, v. LUIS A. … petition was filed by counsel in November 2016. In the accompanying 1 At the time of these offenses, defendant was … commitment under the Sexual Violent Predator Act, N.J.S.A. 30:4-27.24 to -27.38, violates the United States and New …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0269-17T4 STATE OF NEW JERSEY, Plaintiff-Respondent, v. CREIGHTON P. … and asked S.M. to close the door, which she did, but not completely. While seated in his computer chair, defendant … McDevitt, 175 N.J. at 529 (quoting Greenberg v. Stanley, 30 N.J. 485, 498 (1959)). 18 A-0269-17T4 "A hearsay …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2738-18T1 STATE OF NEW JERSEY, Plaintiff-Respondent, v. SEAN LOWNEY, … of prostitution, and where his department had only recently completed a human trafficking case, on a report of an … Relying on Fernandez v. California, 571 U.S. 292, 303 (2014) (holding "an occupant who is absent due to a …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2213-18T1 STATE OF NEW JERSEY, Plaintiff-Respondent, v. CLIFTON L. … card.3 He also noted seeing cigarillos, which are commonly used to smoke marijuana, inside the car. Burns … searches or seizures." State v. Minitee, 210 N.J. 307, 318 (2012) (citing U.S. Const. amend. IV; N.J. Const. …