njcourts.gov
… Police Department (EPD) officers arrived at an apartment complex in Elizabeth following a report of a shooting. Upon … competence. Defendant now appeals, raising the following points for our consideration: POINT I DEFENDANT IS ENTITLED … finding that defendant's PCR claims, reprised on appeal in points I and III, were procedurally barred under Rule …
-
njcourts.gov
… benefits. On appeal, Holloway raises the following points for this court's consideration: POINT I THE ALJ AND … Summation. B. The Determination That . . . Holloway Did Not Comply With N.J.A.C. 17:3-6.1(f)[-](g) And Thus, The Board … 2 We have altered the capitalization of Holloway's Subpoints A through C to comport with our style conventions but …
-
njcourts.gov
… insulting defendant. She explained that while in the common hallway defendant pushed her against the wall and … a considerable amount of time and that "[p]rocedural remedies were not utilized with respect to seeking ICE deferment … Somerset County Jail, before being deported. Procedural remedies were not utilized with respect to seeking ICE deferment …
-
njcourts.gov
… (Not Raised Below) We reject the contentions raised in points I, II and IV and affirm defendant's convictions and … the substantive charges and "the identity of the person who committed the crime." The trial court also instructed the … as to one count of the indictment would be a necessary ingredient to a conviction under another count; whether one act …
-
njcourts.gov
… motion to disqualify the first judge, dismiss the complaint, and for a stay of the writ of possession. We find … pertinent to the cause of action asserted in plaintiff's complaint for ejectment are undisputed. Defendant mortgaged … 24, 2019. Almost two weeks later, he filed a verified complaint and order to show cause in the Law Division …
-
njcourts.gov
… from an expert concerning the Child Sexual Abuse Accommodation Syndrome (CSAAS). He also argues that his … stated that defendant's family had told her not to file a complaint about what happened. Defense counsel objected and … of the syndrome: secrecy, helplessness, entrapment and accommodation, delayed disclosure, and retraction. Dr. …
-
njcourts.gov
… herrings." Defense counsel did not object to any of these comments. However, on the third occasion, the trial judge … jury the following curative instruction: 6 A-3817-17T2 Ladies and gentlemen, I'm going to instruct you as follows. … gave the jury the following strong, curative instruction: Ladies and gentlemen, you are to disregard the last comment …
-
njcourts.gov
… an eight- track player belonging to the victim. Following a competency hearing, the Family Part judge granted the … afforded him a significant opportunity to speak on several points. The Board further finds that the . . . panel … Ibid. "Arbitrary and capricious action of administrative bodies means willful and unreasoning action, without …
-
njcourts.gov
… LOCAL #105, on behalf of all its members, Petitioners, and COMMUNICATIONS WORKERS OF AMERICA, AFL-CIO, NEW JERSEY STATE … On appeal from the New Jersey Public Employment Relations Commission, PERC Nos. 2018-29 and 2018- 36. Frank M. … [NJSOLEA] unit employees." Petitioners raise the following points for our consideration: POINT A PERC ERRED IN …
-
njcourts.gov
… 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 …
-
njcourts.gov
… 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 …
-
njcourts.gov
… 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 …
-
njcourts.gov
… 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 …
-
njcourts.gov
… was not properly tailored, and the prosecutor made improper comments in her summation. Having reviewed defendant's … months probation. II. Defendant presents the following points for our consideration: POINT I IN A CASE WHERE THE … and she felt it and his hand was moving. Well, that, ladies and gentlemen, in and of itself is sexual assault, but …
-
njcourts.gov
… 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 …
-
njcourts.gov
… NOT GUILTY. We have considered defendant's contentions in Points II and III in light of the record and applicable … R. 2:11-3(e)(2). However, we make the following brief comments. There was no plain error in the identification … evidence favorable to the State, and the judge did not comment on the State's evidence or strength of the State's …
-
njcourts.gov
… statement, alleging it was improper for the prosecutor to comment on the credibility of her witnesses. Defense counsel … In response, the prosecutor explained she intended her comment to explain the concept of credibility to the jury. … and gave the following curative instruction: All right. Ladies and gentlemen . . . toward the end of [the …
-
njcourts.gov
… 3 A-2986-15T2 The Trooper testified that he could feel heat coming from the front fender of the car and heard a … did not testify or call any witnesses. One of the key points his counsel disputed at trial was whether the State … II. Defendant now appeals, and raises the following points in his brief: POINT I A. STANDARD OF REVIEW. POINT II …
-
njcourts.gov
… POINTE DEVELOPMENT, LLC, a New Jersey Limited Liability Company; LIRO ARCHITECTS AND ENGINEERS WEST, PC, a New … Defendants-Respondents/ Cross-Appellants, and SLOAN & COMPANY; and DEL SALVIO MASONRY CORPORATION, … POINTE DEVELOPMENT, LLC, a New Jersey Limited Liability Company; PETER TULLY; TISHMAN CONSTRUCTION CORPORATION, a …
-
njcourts.gov
… a probability sufficient to undermine confidence in the outcome." Strickland v. Washington, 466 U.S. 668, 694 (1984). … to request that instruction. Although the arguments have common facts, they are discrete; we will, therefore, … at 694. Petitioner argues that his trial counsel failed to comprehend the law on accomplice liability, pointing to …