njcourts.gov
… The search revealed a black Airsoft pistol in the glove compartment, $930 cash in the center console, and a tactical … counsel for Duane argued the judge should not charge accomplice liability as to theft. Counsel also requested that … appropriate. 6 A-5496-15T1 Defendant raises the following points on appeal: POINT I THE TRIAL JUDGE'S CHARGE ON …
njcourts.gov
… it was operable. She opined further that ten bullets accompanying the gun were "hollow[-]point [bullets]." The … to her guns, casings, and bullets seized during the commission of a crime and she performs various testing in … According to the State, the lack of fingerprints on the gun compliments defendant's defense theory. In other words, the …
njcourts.gov
… "or how their testimony may have affected the outcome of the case[.]" The court entered an order dated March … to provide defendant with discovery in a timely manner and communicate with him regarding discovery; claimed … had instructed PCR counsel to assert that: the trial court committed plain error by failing to grant adequate time for …
njcourts.gov
… In exchange for defendant’s plea, the State agreed to recommend a ten- year prison sentence subject to the No Early … Act (NERA), N.J.S.A. 2C:43-7.2. The State also agreed to recommend that the sentence run concurrent with a thirty-year … first prong of the Strickland test, a defendant must overcome a "strong presumption that counsel's conduct falls …
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… petition; an August 24, 2020 motion for reconsideration to compel discovery and reopen his PCR; and a March 29, 2021 … filed an emergent motion before Judge Francis for an order compelling the testimony of the Monmouth County grand jury … were without error. The arguments defendant raises in Points IV through X are presented for the first time on …
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njcourts.gov
… petition; an August 24, 2020 motion for reconsideration to compel discovery and reopen his PCR; and a March 29, 2021 … filed an emergent motion before Judge Francis for an order compelling the testimony of the Monmouth County grand jury … were without error. The arguments defendant raises in Points IV through X are presented for the first time on …
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njcourts.gov
… "or how their testimony may have affected the outcome of the case[.]" The court entered an order dated March … to provide defendant with discovery in a timely manner and communicate with him regarding discovery; claimed … had instructed PCR counsel to assert that: the trial court committed plain error by failing to grant adequate time for …
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njcourts.gov
… it was operable. She opined further that ten bullets accompanying the gun were "hollow[-]point [bullets]." The … to her guns, casings, and bullets seized during the commission of a crime and she performs various testing in … According to the State, the lack of fingerprints on the gun compliments defendant's defense theory. In other words, the …
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njcourts.gov
… In exchange for defendant’s plea, the State agreed to recommend a ten- year prison sentence subject to the No Early … Act (NERA), N.J.S.A. 2C:43-7.2. The State also agreed to recommend that the sentence run concurrent with a thirty-year … first prong of the Strickland test, a defendant must overcome a "strong presumption that counsel's conduct falls …
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njcourts.gov
… The search revealed a black Airsoft pistol in the glove compartment, $930 cash in the center console, and a tactical … counsel for Duane argued the judge should not charge accomplice liability as to theft. Counsel also requested that … appropriate. 6 A-5496-15T1 Defendant raises the following points on appeal: POINT I THE TRIAL JUDGE'S CHARGE ON …
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njcourts.gov
… summations of counsel, the municipal court judge rendered a comprehensive bench opinion, making detailed factual and … of the bar and said they laughed about it. He made a comment that she was "still being social" and "guess[ed]" … against these principles, we find defendant's arguments in Points VI, VII, VIII and IX of his brief to be without …
njcourts.gov
… weapons, the indictment alleged defendant had, prior to the commission of the charged offenses, been convicted of sexual … the timing of and the greatly enhanced penal exposure visited upon him by the superseding indictment." That is, … State v. Robinson, 200 N.J. 1, 19 (2009). "[T]he points of divergence developed in proceedings before a trial …
njcourts.gov
… POINT I THE DEFECTIVE VERDICT SHEET AND THE COURT'S INCOMPLETE INSTRUCTIONS PRECLUDED THE JURY FROM CONVICTING [] … the charged offenses. To support that argument, defendant points to the following statement by the prosecutor during … having no evidence to support that statement. Defendant points to the prosecutor's statement: We know he was …
njcourts.gov
… N.J.S.A. 2C:15- 1 (count one); second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:15-1 (count … AND DEPRIVED DEFENDANT OF A FAIR TRIAL. POINT IV CERTAIN COMMENTS MADE BY THE PROSECUTOR IN SUMMATION WERE GROSSLY … REDUCED. (Not Raised Below). Flagler raises the following points for our consideration: POINT I THE BRANCH ERRORS, …
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… days before Levine's body was discovered. Pursuant to a communications data warrant, police obtained permission to … New Jersey Rules of Evidence 702 [the doctor] has the requisite education, training[,] and experience to be permitted … parole ineligibility period. Defendant raises the following points on appeal: POINT I THE IMPROPER TACTICS UTILIZED BY …
njcourts.gov
… additional factors must be considered to generate the requisite level of reasonable and articulable suspicion." State … However, "[a] deficiency in one of those factors 'may be compensated for, in determining the overall reliability of a … into a search). Likewise, we agree with the judge that communicating by loudspeaker was objectively reasonable and …
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… covered in blood. Laielli described "thick coagulated blood coming out of [Hunter's] ear," and that his head was … was killed. O'Brien stated that he and defendant often visited Hunter 's house. They would call ahead to get … murder count. II. Defendant presents the following points for our consideration: POINT I. THE TRIAL COURT ERRED …
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… of second- degree possession of a handgun in the course of committing a drug crime, N.J.S.A. 2C:39-4.1(a) (counts nine, … of parole ineligibility. Torres raises the following points for our consideration: POINT I THE COURT IMPROPERLY … SENTENCE EXCESSIVE. Correa-Martinez raises the following points: POINT I [SERGEANT] JUDEH LACKED REASONABLE, …
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… granting defendants summary judgment on all counts of the complaint other than the eighth count, which alleges the … discriminating against plaintiff in a place of public accommodation based on his national origin. We vacate the … to two parts of the court's order. First, the headings for Points I, II, III, and V pertain solely to the summary …
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… defendant's gun. On appeal, defendant raises the following points for our consideration: POINT I THE TRIAL COURT'S … CONST. (1947) ART. I, PARA. 10). POINT VII THE TRIAL COURT COMMITTED PLAIN ERROR (R. 2:10-2) IN FAILING TO ADDRESS TO … and applicable legal principles. We reject each of the points raised and affirm. 6 A-5473-17 I. Following the …