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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-4370-19 STATE OF NEW JERSEY, Plaintiff-Respondent, v. ANDRE L. … 2C:12-1(b)(5) arising out of his assault on a police officer. A jury convicted him on the aggravated assault … the one presenting it because it happened to [him]." In a comprehensive written opinion, the PCR judge rejected …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0423-21 STATE OF NEW JERSEY, Plaintiff-Respondent, v. CHRISTOPHER H. … because his PCR claims lack merit. We add the following comments. Defendant was convicted by a jury of three counts … to a new trial pursuant to State v. Carter, 85 N.J. 300, 314 (1981). Defendant's claim is belied by the record …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-5301-18 STATE OF NEW JERSEY, Plaintiff-Respondent, v. R.B., … May 2010 through May 2012; Count five alleges defendant committed first degree Endangering the Welfare of a Child, …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-3754-21 STATE OF NEW JERSEY, Plaintiff-Respondent, v. RODNEY F. … she was alone with his mother, because the niece felt uncomfortable around him. She explained she usually kept the … it was charged in the indictment, which was a third-degree offense, and for resentencing on that count. On remand, the …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-3752-21 STATE OF NEW JERSEY, Plaintiff-Respondent, v. MICHAEL J. … for vacatur of his judgment of conviction for conspiracy to commit murder and murder and for dismissal of the charges on … Supreme Court's decision in Barker v. Wingo, 407 U.S. 514, 530 (1972).2 Doce, slip op. at 18-19. We also explained we …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-4463-15T3 STATE OF NEW JERSEY, Plaintiff-Respondent, v. CHRISTOPH L. … Thereafter, according to Otlowski, the CI successfully completed four purchases of drugs (controlled buys) from … He also attested that when Otlowski arrested him, the officer told defendant that he knew defendant had a large …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2225-23 STATE OF NEW JERSEY, Plaintiff-Respondent, v. C.W.,1 … of sexual assaults against his biological daughter that commenced in May 1996, resulting in the birth of a child in … PRESCRIBED MEDICINE BASED UPON DR. SALIB'S REPORT OF JULY 30, 1999. 5 A-2225-23 B. COUNSEL WAS INEFFECTIVE BY FAILING …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-3141-15T4 STATE OF NEW JERSEY, Plaintiff-Respondent, v. DARRELL K. … degree unlawful possession of a handgun, N.J.S.A. 2C:30-5(b); NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE … by these arguments, we affirm. The facts of the case are uncomplicated. Two police officers testified that during a …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2835-19 STATE OF NEW JERSEY, Plaintiff-Respondent, v. BRANDON D. … Designated Counsel, on the briefs). Christine A. Hoffman, Acting Gloucester County Prosecutor, attorney for … testimony could not, in the final analysis, be overcome by the interim curative instructions given by the …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2664-13T1 STATE OF NEW JERSEY, Plaintiff-Respondent, v. O'SHEA CLARKE, … the record, we affirm for the reasons stated in the comprehensive written opinion of Judge John H. Pursel. We … Super. 154, 170 (App. Div.) ("[A] petitioner must do more than make bald assertions that he was denied the effective …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2371-20 STATE OF NEW JERSEY, Plaintiff-Respondent, v. WAYNE T. … 454 N.J. Super. 284 (App. Div. 2018), informs the outcome. In that case, a second PCR petition was filed years … bring about an unjust result." State v. Montalvo, 229 N.J. 300, 321 (2017) (quoting State v. Chapland, 187 N.J. 275, …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0688-20 STATE OF NEW JERSEY, Plaintiff-Respondent, v. KEITH M. … March 24, 2022 – Decided May 26, 2022 Before Judges Mitterhoff and Alvarez. On appeal from the Superior Court of New … place before this petition was filed. Nonetheless, the outcome of an untimely second PCR petition is not predetermined …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2296-20 STATE OF NEW JERSEY, Plaintiff-Respondent, v. M.E.A.,1 … parties are familiar with the facts relating to defendant's offenses, which we need not repeat here. To summarize, … of the plea, including taking special care to address a comment by defendant seemingly expressing hesitation. In …
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… YAKIMA CHAVERS, individually, and on behalf of the ESTATE OF SHAQUAN CAPRON, a deceased minor, … High School. 2 Because plaintiff and her son share a common surname, we refer to him by his first name intending … D.D. v. Univ. of Med. & Dentistry of N.J., 213 N.J. 130, 134 (2013) (quoting Coyne v. Dep't of Transp., 182 N.J. …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0922-20 STATE OF NEW JERSEY, Plaintiff-Respondent, v. ROBERT C. … BY PRECLUDING HIM FROM PRESENTING EVIDENCE [. . .] THAT THE COMPLAINING WITNESS HAD FALSELY ACCUSED HER FATHER OF SEXUAL … an abuse of discretion." State v. Garcia, 245 N.J. 412, 430 (2021) (citing State v. Nantambu, 221 N.J. 390, 402 …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2621-20 STATE OF NEW JERSEY, Plaintiff-Respondent, v. WILLIAM A. … those that exceed the penalties authorized for a particular offense, and those that are not authorized by law." State v. … that offense imposes criminal liability for the homicide committed in the course of a felony in the event that intent …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-4764-15T4 STATE OF NEW JERSEY, Plaintiff-Respondent, v. DANILO I. … a guilty plea to first-degree armed robbery with a recommended sentence of ten years and eighty-five percent … before us, we agree defendant's assertions are nothing more than "bald assertions" unsupported by the record. The PCR …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-5982-17T1 STATE OF NEW JERSEY, Plaintiff-Respondent, v. FRANK P. … Submitted February 25, 2020 – Decided Before Judges Hoffman and Currier. On appeal from the Superior Court of New … OTHERWISE POINT II THE CUMULATIVE EFFECT OF THE ERRORS COMPLAINED OF RENDERED THE TRIAL UNFAIR POINT III DEFENDANT …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2149-19 STATE OF NEW JERSEY, Plaintiff-Respondent, v. JASON D. … Peter J. Tober entered the order and rendered a lengthy and comprehensive written opinion, on which we substantially … SEEK DISQUALIFICATION OF THE MIDDLESEX COUNTY PROSECUTOR'S OFFICE [MCPO] FROM THE CASE, OBJECT TO THE TRIAL [JUDGE]'S …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2427-23 STATE OF NEW JERSEY, Plaintiff-Respondent, v. NASIR M. … defendant told police that he wanted to harm himself or commit suicide. He was taken to the Crisis Facility at … reliance on State v. Rizzitello, 447 N.J. Super. 301 (App. Div. 2016), is misplaced. Defendant cites …