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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2581-22 STATE OF NEW JERSEY, Plaintiff-Respondent, v. STEVEN … In exchange for his guilty plea, the State agreed to recommend an aggregate sentence of life with a … affirmed. See State v. Kadonsky, A-3753-96 (App. Div. July 30, 1998). In May 1999, the Supreme Court denied …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0202-23 STATE OF NEW JERSEY, Plaintiff-Respondent, v. DAVID JONES, … 2C:11- 3(a)(1) and (2); (2) first-degree conspiracy to commit murder, N.J.S.A. 2C:5- 2(a)(1) and 2C:11-3(a)(2); (3) … guilty, he was exposed to substantially more prison time than the plea provided. In addition, defendant's exposure to …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2302-18T4 STATE OF NEW JERSEY, Plaintiff-Respondent, v. SONNY … from an incident on October 31, 2017, in which defendant, accompanied by his son, attacked the victim from behind with a …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-1461-19 STATE OF NEW JERSEY, Plaintiff-Respondent, v. ELIJAH HENRY, … Because defendant was a juvenile when the offenses were committed, jurisdiction of his delinquency charges was … before the court on that day," State v. Randolph, 210 N.J. 330, 354 (2012), and consider his youth at the time he …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-3232-18T1 STATE OF NEW JERSEY, Plaintiff-Respondent, v. RAHEEM CLAY, … FOR THE TIME HE SERVED IN CUSTODY PRIOR TO SENTENCING, COMBINED WITH HIS FAILURE TO EXPLAIN TO DEFENDANT THE … was] . . . serving a sentence for an unrelated drug offense" and "[o]nce a defendant starts serving a …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-4022-15T4 STATE OF NEW JERSEY, Plaintiff-Respondent, v. EDWARD L. … in the JOC. State v. Grimes, No. A-1454-95 (App. Div. Sept. 30, 1997) (slip op. at 5). Defendant then filed a petition … motion for reconsideration. A motion for reconsideration is committed to the sound discretion of the court, which should …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-3540-18T4 STATE OF NEW JERSEY, Plaintiff-Respondent, v. GARY MADDOX, … and 4 A-3540-18T4 receipts totaling $10,000, approximately $3000 in United States currency, and eight vehicles. After … for truth"). Indeed, as demonstrated by our remand, we have come to a different view. Understandably, the PCR judge …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-1889-19 STATE OF NEW JERSEY, Plaintiff-Respondent, v. ANDRE … II THE TRIAL COURT DENIED DEFENDANT HIS RIGHT TO PRESENT A COMPLETE DEFENSE IN RULING INADMISSIBLE TWO PRIOR ACTS OF … prejudice." Ibid. (quoting State v. Stevens, 115 N.J. 289, 303 (1989)). The fourth prong thus "requires an inquiry …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-3972-15T1 STATE OF NEW JERSEY, Plaintiff-Respondent, v. RODOLFO … gang and that, at his direction, he and five co-defendants committed the robberies, assaults, murders, and attempted … if a new trial were granted." State v. Carter, 85 N.J. 300, 314 (1981). See also Nash, 212 N.J. at 547; State v. …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-1379-16T4 STATE OF NEW JERSEY, Plaintiff-Respondent, v. CLAYTON R. … credentials, he noted a "very strong" odor of marijuana coming from the car. Wright told Belardo the car was … issues are reviewed de novo." State v. Vargas, 213 N.J. 301, 327 (2013). [State v. Watts, 223 N.J. 503, 516 (2015).] …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-3596-22 STATE OF NEW JERSEY, Plaintiff-Respondent, v. LUIS A. PEREZ, … were credible and defendant was not credible. On July 30, 2018, the first PCR court entered an order denying his … 3:22- 12(a)(2), following a non-evidentiary hearing. In a comprehensive twenty-four- page memorandum of decision, the …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-5003-17T1 STATE OF NEW JERSEY, Plaintiff-Respondent, v. ALBERT L. … Honor His Refusal To Consent To The Search. B. The Rental Company Could Not Give "Third-Party Consent" To Search. C. … unnecessary under Fernandez v. California, 571 U.S. 292, 306 (2014) (recognizing "[a] warrantless consent search is …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-3647-23 STATE OF NEW JERSEY, Plaintiff-Respondent, v. JOSE FLORES, … the rear cargo area. Batista opened an unlocked cover to a compartment below the cargo area that holds a spare tire and … Smart, 253 N.J. at 165 (citing State v. Manning, 240 N.J. 308, 329 (2020)). The relevant warrant exception relied upon …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2045-13T2 STATE OF NEW JERSEY, Plaintiff-Respondent, v. DARRELL SCOTT, … charged in an indictment with: first-degree conspiracy to commit murder; first-degree murder; first-degree felony … is "entitled to great deference on appeal." State v. Mance, 300 N.J. Super. 37, 53 (App. Div. 1997). In determining …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-3895-21 STATE OF NEW JERSEY, Plaintiff-Respondent, v. NORMAN P. … 12, 2022 order, entered after a hearing, finding him competent to stand trial. We affirm. Defendant was charged … whether defendant was capable of understanding the police officers' Miranda1 warnings because defendant was …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0432-21 STATE OF NEW JERSEY, Plaintiff-Respondent, v. ABRAHAM ROMAN, … two weeks, noticed his physical condition and heard his complaints of dizziness and pain in his neck, back and head. … using Dr. Hua as a witness. See State v. Arthur, 184 N.J. 307, 320 (2005) (noting that deciding which witnesses to …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0114-18T2 STATE OF NEW JERSEY, Plaintiff-Respondent, v. NASHON BROWN, … 26, 2014, defendant was the subject of a search by parole officers who found more than fourteen grams of heroin hidden … to dismiss counts one and three of the indictment, and recommended a sentence of a five-year term of imprisonment …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-1710-20 STATE OF NEW JERSEY, Plaintiff-Respondent, v. A.A., … that count eight be merged into count seven but the NERA component of this sentence on count eight still applied. The … petition for certification. 220 N.J. 40 (2014). On April 30, 2014, the sentencing court entered a change of judgment …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2778-20 STATE OF NEW JERSEY, Plaintiff-Respondent, v. A.D.D.,1 … from allegations that between June 23 and July 11, 2018, he committed an act of sexual contact by touching his … pursuant to the Sexually Violent Predator Act, N.J.S.A. 30:4-27.24 to -27.38. That petition is not pertinent to the …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0389-17T2 STATE OF NEW JERSEY, Plaintiff-Respondent, v. JAY GOLDBERG, … TO REVIEW ALL RELEVANT DISCOVERY WITH HIM, TO CONDUCT A COMPREHENSIVE PRETRIAL PREPARATION, AND TO THOROUGHLY … under this presumption. See State v. Arthur, 184 N.J. 307, 320-321 (2005). "[L]ike other aspects of trial …