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… the trial court erred by not vacating the plea based on the common law defense of necessity. She also alleges a Brady … necessity as a defense. Her counsel argued the Slater5 factors were satisfied. In June 2017, the municipal court … multiple other options after the assault ended instead of getting into her vehicle 6 State v. Romano, 355 N.J. Super. …
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… DIVISION DOCKET NO. A-2633-18T1 IN RE CLINTON TOWNSHIP COMPLIANCE WITH THIRD ROUND MOUNT LAUREL AFFORDABLE HOUSING … [their] preliminary determination[s] on need by the fact that all initial and succeeding applications will be on … would include a mix of market-rate and affordable homes. Together, the four sites anticipated 279 affordable homes, …
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… assistance of his trial counsel. I. We set forth the facts supporting defendant's convictions in our decision on … defendant's petition for certification, State v. Padilla, 226 N.J. 213 (2016). On remand, the court imposed an … decision, as he withdrew [it] with the intention of getting the entirety of his statements, which included both …
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… [POINT III] THIS MATTER MUST BE REMANDED FOR FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING DEFENDANT'S CLAIMS OF … probability" that the deficient performance affected the outcome. Fritz, 105 N.J. at 58. Under those standards, we find … become a legal citizen and after she did she was trying to get [defendant] out of the picture." The report does not …
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… claims that he "asked [his] trial counsel to attempt to get the investigation records, and any other related … Division records for exculpatory evidence.5 We review the factual findings made by a PCR court without conducting an … her August 20, 2018 written decision. We add the following comments. We apply the familiar two-pronged Strickland …
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… the representation less than adequate nor prejudiced the outcome. Thus, we reverse. The familiar Strickland v. … had previously represented one of the State's witnesses, a fact discovered only after the trial began. Counsel had … had failed to present all the relevant evidence than of getting any useful information from McCrary. Furthermore, he …
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… 2 A-5930-17T2 trial court erred by charging the jury on comparative negligence and because of improper comments by … so incredibly close to ours that we were probably going to get in an accident. . . . And I screamed." Defendant beeped … except upon the basis of a carefully reasoned and factually supported (and articulated) determination, after …
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… At the time of the relevant events, they did not reside together. Their homes were approximately fifteen minutes apart by car. On August 12, 2020, S.A.M. filed a complaint in the Family Part seeking an FRO against T.J.M. … At a hearing at which both parties testified, the following facts were developed. On August 9, 2020, T.J.M. spent the …
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… Standard of Review for Sentencing We discern the following facts from the record. In 1998, defendant and J.H. met … to hurt" her. He demanded J.H. take her clothes off; she complied because she "was terrified of him." Meanwhile, … [defendant] and myself. . . . . [Q:] Did you do anything to get their attention? 13 A-5096-18 [A:] No, no, there was, …
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… "everything was going to be okay" and "[w]e just want to get him help." The suspect subsequently died after being … May 24, 2011 incident, appellant responded to an apartment- complex fire. After a woman advised appellant her husband … in the record; and (3) whether, in applying the law to the facts, the administrative agency clearly erred in reaching …
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… materials or a curriculum and was assigned a room without computers, in an unsuitable location where she "was … short-term disability at the time because she was hoping to get better with treatment and 'hang in' until improvement in … was transferred to the Office of Administrative Law for a factfinding hearing by an administrative law judge (ALJ). …
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… at the suppression hearing. We affirm. I. The following facts germane to these issues emerged at the suppression … approaching defendant's car, Sergeant Scanielo searched a computer database and learned that defendant's vehicle … the car. The sergeant walked around the back of the car to get to the driver's side. As described by the sergeant, …
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… relief in federal court. Thereafter, defendant did in fact file a petition for habeas corpus in the United States … "the attorney from the [OPD] that represents [him] gets to make the call whether a case is certification-worthy … Division issues a judgment in an appeal as of right and compliance with the provisions of paragraph (c) of this Rule …
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… two additional days of credit. I. We discern the following facts and procedural history from the record.2 Defendant was … federal court determined that defendant would remain in the community pending the disposition of the Pennsylvania … and it was made clear to him at sentencing that he wasn't getting that additional time." We affirmed the trial court …
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… to defendant and his counsel. Although the criminal acts committed against the victim caused her great emotional … here but my investigators are also well aware of the fact that as a tactical matter harassing a victim is not … of the assault. This video recording shows the same man "getting a haircut at a Bergenline Avenue barber[shop] and …
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… Somerville Senior Citizen Housing, Inc.'s 153-unit housing complex, under section eight regulations promulgated by the … including helping her dress, use the bathroom, eat, and get in and out of bed. He accompanied her to medical … check when LeasingDesk found his "rental history unsatisfactory or insufficient." Plaintiff denied Scott's …
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… ENHANCEMENT OF PHOTOGRAPHS/VIDEO ALONG WITH PROSECUTOR COMMENTARY UNFAIRLY BIASED THE JURY. A. THE TRIAL COURT'S … be manipulated with a fingernail and I just drew on them to get the facts out in terms of his facial description, his body …
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… stated Owen's household, which included his son, had "no income," and that Owen "stopped working when the pandemic … for benefits but are not listed [in the notice], they will get a separate letter." At the end of August 2020, Owen was … learned from his attorney about Nixon's November 5 fax. In fact, in March 2021, after Owen had begun "to receive …
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… the Nissan on the driver's side so that that he could "get a closer look at [defendant's] eyes because he was … to detect the odor of alcohol." Eventually, defendant complied with Behnke's request to extinguish the cigarette. … more than twenty transcript pages. The judge made detailed factual and credibility determinations based on Behnke's …
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… REMAND FOR A NEW PLEA COLLOQUY, BECAUSE THE DEFENDANT'S FACTUAL BASIS DID NOT ESTABLISH ANY CULPABLE MENTAL 3 … indictment substantially for the reasons set forth in his comprehensive and cogent written decision. We recently … presented their posi tions and 12 A-5249-16T4 asked, "Do I get a chance to speak to defend myself? Or do I have to . . …