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njcourts.gov
… J.C.1 appeals from a July 23, 2021 order dismissing her complaint against defendant D.C. pursuant to the Prevention … plaintiff's complaint. Plaintiff raises the following points on appeal: POINT I THE CHANCERY COURT ERRED IN … 378 (1995). We reject the arguments raised in plaintiff's Points I, II, and III. The trial judge did not order the …
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njcourts.gov
… years, with a fifty- year period of parole ineligibility, encompassing mandatory extended terms for kidnapping and one … terms, we explained: 5 A-3702-23 Defendant correctly points out that N.J.S.A. 2C:44-5(a)(2) clearly states that … appeal followed. On appeal, defendant raises the following points for our consideration: POINT I DEFENDANT IS ENTITLED …
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njcourts.gov
… "defendant was under 26 years of age at the time of the commission of the offense," N.J.S.A. 2C:44-1(b)(14), enacted … judge issued an order denying defendant's motion and an accompanying statement of reasons finding the legislative … In his counseled brief, defendant raises the following points for our consideration2: POINT I A RESENTENCING SHOULD …
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njcourts.gov
… N.J.S.A. 2C:18- 2(b)(1); and second-degree conspiracy to commit burglary, N.J.S.A. 2C:5-2. At trial, the jury … The second prong is based on that deficiency, would the outcome of the trial [have] been any different." The court … thoughtful oral opinion. Because defendant's arguments in points one and two of his brief are related, we consider …
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njcourts.gov
… his petition for post-conviction relief (PCR) and motion to compel DNA testing. After our NOT FOR PUBLICATION WITHOUT … In February 2005, defendant was indicted for conspiracy to commit murder, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:11-3(a) or … April 12, 2023. On appeal, defendant argues the following points: Point I APPELLANT ADOPTS AND INCORPORATES BY …
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njcourts.gov
… of another). The charges stem from a November 2017 complaint made by the mother of defendant's child, who … filed his PTI application and included a statement of compelling reasons required by Rule 3:28-1(e)(3). He claimed … If ultimately denied admission into PTI, [S]tate will recommend a term of non-custodial probation, conditioned upon …
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njcourts.gov
… additional delays associated with the COVID-19 pandemic in completing the trial.2 1 The Law Division court noted, … 1, 2021. Judge Michael A. Guadagno issued a thorough and comprehensive opinion, discussed more fully below, finding … 42 N.J. 146, 162 (1964)). The rule of deference is more compelling where, as here, the municipal and Law Division …
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njcourts.gov
… February 11, 2022 order, which dismissed plaintiff's complaint due to his failure to comply with NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE … II. In his appeal plaintiff initially raised three points before us: POINT I: THIS COURT MUST GRANT …
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njcourts.gov
… appeared with similar physical characteristics and skin complexion.'" Ibid. "Furthermore, the PCR court 5 A-1395-24 … the PCR court issued a seven-page written decision accompanying its order denying defendant's second petition for … to present; 5. PCR counsel failed to provide defendant with complete discovery; 6. PCR counsel failed to provide …
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A-25-25 Petitioner's Reply Brief
Briefs
njcourts.gov
… ACCESS STATUTE - AS ABROGATING RATHER THAN CODIFYING THE COMMON LAW PUBLIC TRUST DOCTRINE -- IS INCORRECT AS A MATTER … Access Statute codify - not abrogate - the common law embodied in the public trust doctrine, including the fourpart … to the question of the codification of the common law embodied in the Matthews decision is sufficient to support the …
njcourts.gov
… for virtually Landon's entire life. In October 2015, he committed the offenses of robbery, possession of a weapon, … not do more harm than good." Defendant argues the following points on appeal: [POINT] I The trial court's finding . . . … 212 N.J. 232, 245-46 (2012). II. The arguments raised in Points I and V lack merit. The record amply supports the …
njcourts.gov
… K.L.'s mother contacted police to report that she saw E.S. coming out of K.L.'s room buttoning his shirt. On July 12, … provided notice to E.S. of his proposed RRAS score of fifty points, placing him in Tier II-Moderate Risk, meaning he … is assigned a risk level of low, moderate, or high, and points are assigned based on the risk level. Zero points are …
njcourts.gov
… of counsel and on the briefs). PER CURIAM In these companion cases, calendared back-to-back and consolidated … in the Hanover Park Condominium development in response to complaints of stray cats. He observed Tasin exit a minivan … township."); (3) Section 201-2(A) ("No person shall create, commit or maintain, or allow to be created, committed or …
njcourts.gov
… a Tier Three sex offender pursuant to the registration and community notification provisions of Megan's Law, N.J.S.A. … J.S.'s total RRAS score would have decreased to seventy points, thereby changing his classification from Tier Three … Thereafter, J.S. appealed. II. J.S. raises the following points on appeal: POINT I THE FAILURE TO GIVE J.S. CREDIT ON …
njcourts.gov
… there, he saw Cathy's Mazda drive out of the apartment complex and believed the Mazda had been stolen. Accordingly, … told the jury that defendant was a liar.3 Defendant points to comments in the State's opening and closing … defendant at the scene of the crash. Defendant correctly points out that his credibility was a critical issue at …
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… LLC, as successor-in-interest to Holland Furnace Company; AMERICAN REFRACTORIES CO.; A.O. SMITH WATER … A. That's correct. Pecora raises the following points on appeal: I. THE TRIAL COURT ERRED IN DENYING … Sheet Do Not Set Forth The Applicable Standard Plaintiffs' points on cross-appeal are: POINT III THE TRIAL COURT ERRED …
njcourts.gov
… EXPERT TESTIMONY INTRODUCED BY THE STATE WAS IMPROPER AND, COMBINED WITH THE INSUFFICIENT JURY INSTRUCTIONS ON THE … SHOULD HAVE BEEN GRANTED. IV. THE PROSECUTOR EXCEEDED FAIR COMMENT AND DEPRIVED DEFENDANT OF A FAIR TRIAL. V. … AND EXCESSIVE. Although we rejected the claims advanced in Points I through IV and affirmed defendant's conviction, we …
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… that he was denied his constitutional right to present a complete defense because he was not permitted to explore … assaulted her. A.D. requested that a sexual assault kit be completed but afterwards she clarified that she was not … II. On appeal, defendant specifically argues the following points: POINT I DEFENDANT WAS DENIED HIS CONSTITUTIONAL …
njcourts.gov
… reasonable[,] articulable suspicion that a crime was being committed" at that point, the added fact that as the … "someone in a car at the corner yell[ed], '[y]urp,' . . . a common term to warn drug dealers that police are … and experience he had with suspects blading their bodies led him to conclude defendant was armed and dangerous. …
njcourts.gov
… TRIAL BASED 3 The PCR court's order is undated, but the accompanying letter opinion is dated December 22, 2017. 5 … to Miller, the constitutional infirmity could be remedied by a resentencing or consideration for parole. 577 U.S. … go to trial instead and claim self-defense. In support, he points to three letters trial counsel 21 A-2116-17T4 wrote …