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njcourts.gov
… by the teen victim's mention that she had thought of committing suicide as a result of the over-fifty-year-old … defendant's continuous sexting. Defendant also complains that the judge used an improper aggravating factor … vulnerable to defendant's online activity. As defendant points out, the victim's age was an element of both …
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njcourts.gov
… 2015 order adjudicating him delinquent for conduct that, if committed by an adult, would constitute two counts of … at trial revealed that C.P.'s family and E.E.'s (Eddie's) family were close friends.1 C.P., who was twelve … and complete recommended therapy. C.P. raises the following points on appeal: POINT I THE STATE FAILED TO PRESENT …
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njcourts.gov
… Defendant's convictions arise out of an armed robbery committed in Newark during the evening of September 15-16, … REPRESENTATION FROM TRIAL COUNSEL AS A RESULT OF COUNSEL'S COMMENTS SUGGESTING TO THE JURY THE DEFENDANT HAD BEEN … probability" the deficient performance affected the outcome. Fritz, supra, 105 N.J. at 58. A-3593-14T4 7 POINT III …
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njcourts.gov
… violated parole by (1) failing to report, (2) failing to comply with the Electronic Monitoring (EM) Program, (3) … mitigating factors. These factors were that: (1) defendant completed an opportunity on community supervision without violation; (2) defendant …
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njcourts.gov
… our review of her written decision demonstrates that she comprehensively analyzed defendant's PCR arguments. 4 … a probability sufficient to undermine confidence in the outcome." Id. at 694. "[I]f counsel's performance has been so … At any rate, as the 6 A-4143-18T2 State's merits brief points out, even though the assistant prosecutor had no …
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njcourts.gov
… that petitioner "is unlikely to present a danger to the community. The isolated nature of his offense, combined with his stable mature adjustment during the past … as a certified emergency medical technician (EMT). He never completed medical school, and according to his attorney, …
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njcourts.gov
… in their entirety. Additionally, the State agreed to recommend a concurrent, custodial sentence of five years and … appeal of the denial of PCR, defendant raises the following points for our review: POINT I DEFENDANT RECEIVED … well - reasoned oral opinion. We add only the following comments. In cases where the PCR court does not conduct an …
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njcourts.gov
… appeal followed. On appeal defendant presents the following points for our consideration: POINT I [OMITTED] POINT II … THE RECORD TO FIND THE DEFENDANT GUILTY ON DE NOVO APPEAL; COMPARISON OF THE ACTUAL EVIDENCE TO THE COURT'S INDEPENDENT … marks and citation omitted). The rule of deference is more compelling where, as here, the municipal and Law Division …
njcourts.gov
… trial. We affirm. I. On December 6, 2020, defendant and a companion, Michele Carkhuff, arrived unannounced at Sarah … with defendant, hesitated to admit them. Because Carkhuff complained of a toothache, Conrad allowed them inside so … Samuels found Conrad with Carkhuff, whose breathing had become labored. With Gilmour and Conrad tending to Carkhuff in …
njcourts.gov
… to dismiss counts two and three. The State also agreed to recommend a sixteen-year term of incarceration subject to the … and denied the PCR petition. Defendant raises the following points on appeal: POINT I – THE PCR COURT ERRED WHEN IT … we address the merits-based arguments in the remaining points raised on appeal. We review a PCR court's findings …
njcourts.gov
… (count three). Prior to trial, a motion judge rendered a comprehensive written decision denying defendant's request … are as follows. Detective Tiffany Lenart worked in the Computer Crimes Unit of the Monmouth County Prosecutor's … "other considerations, such as economy and judicial expediency, must be weighed" when deciding a severance motion. …
njcourts.gov
… his physically and sexually aggressive behavior in the community and in this correctional setting." Upon his … and that his overall RRAS score should be reduced by three points. However, the State disputed J.S. was entitled to any … based on his "moderate risk . . . score of [seventy] points." Judge Nocella initially concluded that J.S.'s RRAS …
njcourts.gov
… forensic test revealed no evidence indicative of a completed sexual assault. Responding officers found two … not seek the death penalty. The State further agreed to recommend a life sentence, with thirty-years of parole … for each murder count. Additionally, the State agreed to recommend that a sentence of twenty-years with ten-years of …
njcourts.gov
… fourth-degree possession of a radio to intercept emergency communications while committing or attempting to commit a … made by the PCR court were not material. Defendant first points out that the PCR court mistakenly "concluded that the … for the purpose of fighting or baiting them]." Defendant points out that count six was dismissed and was not …
njcourts.gov
… 2C:12-1(b)(4) (count four); and second-degree conspiracy to commit aggravated assault, N.J.S.A. 2C:5-2(a)(1) and … aggravating factors three (the risk that defendant will commit another offense) and nine (the need for deterring … reaches his parole . . . ." Defendant raises the following points for our consideration on appeal. POINT I RESENTENCING …
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… fifteen-year sentence, defendant argues the following points: POINT I THE PROSECUTOR ELICITED IMPROPER LAY- … station's store and came behind the counter. His face was completely covered. He demanded the store's money. When the … but said to leave the one- dollar bills. The cashier complied. The robber demanded a bag, so the cashier got one …
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… Plaintiff-Respondent, v. PLYMOUTH ROCK ASSURANCE INSURANCE COMPANY and JOSEPH CALDERONE, Defendants-Appellants, and … plaintiff was primarily pursuing Plymouth Rock Assurance Company ("Plymouth Rock"). In support of this … PER CURIAM Defendant Plymouth Rock Assurance Insurance Company appeals from the trial court's rulings on …
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… expenses to plaintiff Camile Colarusso. We affirm. I. We commence our review with a brief discussion of well-settled … [m]otion in this regard is denied. Defendant correctly points out that as per the [FJOD], it is clearly stated that … appeal followed. On appeal, defendant raises the following points for our consideration: 2 We note a ten cents …
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… v. KENNETH R. BANKS, a/k/a KEVIN BANKS, RAQUAN BANKS, and EDDIE JOHNSON, Defendant-Appellant. … and twelve-year-old V.M. entered a park in Elizabeth accompanied by their mother, G.S.-M. (mother). J.M., who was … ENFORCEMENT AND EGREGIOUS ACTS OF RACIAL PROFILING. POINTS III: PETITIONER WAS DENIED EFFECTIVE ASSISTANCE OF …
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… the Burden of Proof to the Defense and Could Not Be Remedied by Curative Instructions. C. The Detectives' Testimony … immediately objected, and argued that the highlighted comment, which the prosecutor had not solicited, incorrectly … summations to proceed in defendant's absence. As defendant points out, the State and federal constitutions guarantee a …