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… as a participant in planning and carrying out the robbery—committed after all three men traveled from Jersey City to … 2C:11-3(a)(1) (count one); first-degree murder during commission of a crime, N.J.S.A. 2C:11-3(a)(3) (counts three … In an obvious attempt to obtain separation from what ultimately was shown by ballistics testing to be the murder …
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… Stemmed from an Improper Consideration of Charges that were Ultimately Dismissed. C. The Sentence Should Be Reduced … in this appeal, defendant argues he was deprived of due process, requiring a new trial, when R.M. testified without … Okay. A. Yes. Yes. Expert testimony is required "to explain complex matters that would fall beyond the ken of the …
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… of third- degree criminal mischief, N.J.S.A. 2C:17-3, one committed in Camden County on April 8, 2017, at the Trump … person, when interviewed during the PTI application process disclosed a mental health and possible alcohol abuse … "unlikely the program can be tailored to meet her needs." Ultimately, the prosecutor concluded any benefit from …
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… 27, 2014.3 On February 18, 2015, defendant negotiated a comprehensive plea agreement with the State that resolved … the State would dismiss the remaining counts and recommend the court sentence defendant to a term of … no legal basis to disturb the PCR judge's findings and ultimate legal conclusions. The record we have described at …
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… to counts one, four, six, and seven. The plea agreement recommended a ten-year term, subject to an eighty- 3 … was pleading guilty to if he went to trial as well as the recommended sentence. Defendant indicated that he was pleading … the reasonable likelihood that his . . . claim will ultimately succeed on the merits." State v. Marshall, 148 …
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… he could easily identify the robber because he had come to the gas station to try to sell him a bicycle three … from the gas station. According to Cruz, after defendant completed his purchase, he returned to the car. As Cruz … alleged in the light most favorable to the defendant, will ultimately succeed on the merits.'" Id. at 355 (quoting R. …
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… direct appeal Smith's convictions of murder, conspiracy to commit murder, and related weapons offenses, State v. Smith, … Carter, 69 N.J. at 427-28. 6 A-2256-16T3 We also review the ultimate decision to grant a new trial for an abuse of … newly minted argument that the State violated his due process rights by withholding exculpatory evidence, in …
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… instead reached for the car's clock and air vents, ultimately hitting the lock button for the car door. … the following colloquy: OFFICER MARSICANO: Where are you coming from? [DEFENDANT]: From New Jersey. OFFICER … gaze nystagmus (HGN) test. Marsicano then had defendant complete field sobriety tests, which defendant failed. This, …
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… arguments for our consideration: POINT I THE PROSECUTOR COMMITTED MISCONDUCT IN SUMMATION WHEN HE STATED THAT … OF LYING AND WHEN HE INFORMED JURORS THAT THEY COULD USE COMMON SENSE TO UNDERSTAND THE TERMS "PURPOSELY" AND … defendant pushed Flores and "lunged at [him] with a knife," ultimately stabbing Flores "[t]hree" times, twice "in the …
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… for post-conviction relief (PCR). We affirm. Defendant committed the underlying offenses when he was sixteen-years- … old. He was waived to adult criminal court and ultimately entered into a negotiated plea to one count of … these circumstances constituted excusable neglect to overcome the time bar. For the first time, defendant also …
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… because he "failed to investigate [his] defense" and recommended he plead guilty "when there was no factual basis … that (i) counsel's assistance was not "within the range of competence demanded of attorneys in criminal cases"; and … a reasonable likelihood that his or her claim will ultimately succeed on the merits." State v. Marshall, 148 …
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… other officers began to arrive at the scene. Prior to completing the summons, a canine unit appeared and began a … of defendants from the vehicle so officers could safely complete the canine sniff. Stroup believed his assistance … canine unit's arrival on scene the prolonged, delayed, and ultimately interrupted the mission of the motor vehicle stop …
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… who contacted local hospitals and learned that a man had come to a hospital with stab wounds above the right eye and … court conducted oral argument. Defendant was present and commented on the record. The PCR court thereafter filed a 7 … alleged in the light most favorable to the defendant, will ultimately succeed on the merits." R. 3:22- 10(b). To …
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… to five years probation, contingent upon his successful completion of drug court. The Law Division judge before … the officer explained was usually a reference to the jail's commissary. Perry checked commissary records and confirmed … in blood-spatter analysis still qualified as an expert). Ultimately, "[t]he trial court has discretion in determining …
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… had been using cocaine. R.T. has not followed Division recommendations for substance abuse treatment or other forms … his merits brief, R.T. also argued the Division failed to comply with the Indian Child Welfare Act of 1978, 25 … Kinship Legal Guardianship Act, N.J.S.A. 3B:12A-1 to -7. Ultimately, the court found in accord with N.J.S.A. …
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… record reflects that [the Division] did not heed expert recommendations for services, ignored [the mother's] pleas for … HER PERIOD OF HOMELESSNESS RATHER THAN LOOKING TO THE COMPLETE RECORD AND THE QUALITY OF HER BOND. We disagree and … and stability." L.J.D., 428 N.J. Super. at 491-92. "Ultimately, a child has a right to live in a stable, …
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… during the marriage in 1999. He reported a minimal income from the business, which did not correspond with the … Plaintiff filed a motion to enforce litigant's rights and ultimately a third realtor was retained. Following three … relevant information to the accountant, hindering the process. The judge held the marital residence proceeds, …
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… he argues: POINT I THE PURPOSE OF THE CLASSIFICATION PROCESS, I.E., SECURITY, AND THE BLIND APPLICATION OF THE … were dismissed. Appellant was initially eligible for recommendation for placement into "minimum" custody status … prove or otherwise chose not to prosecute—charges that were ultimately dismissed. In doing so, it seemingly disregarded …
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… THAT ADDITIONAL REVIEW OF THE STATE'S FILE WAS NECESSARY TO COMPLETE HIS INVESTIGATION. 3 A-0220-18T3 POINT III THE PCR … to protect their identities. 5 A-0220-18T3 controls, and ultimately landing by N.I.'s foot. Y.G. was in the front …
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… role of the actor therein, including whether or not it was committed in an especially heinous, cruel, or depraved … N.J.S.A. 2C:44-1(a)(3)("[t]he risk that the defendant will commit another offense"); six, N.J.S.A. 2C:44-1(a)(6)("[t]he … alleged in the light most favorable to the defendant, will ultimately succeed on the merits.'" Id. at 355 (quoting R. …