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… the reasons stated by the motion judge. We add these brief comments. In 2004, defendant was convicted by a jury of two … sentence. On this appeal, defendant presents the following points of argument: 3 A-3488-17T2 POINT 1 THE TRIAL COURT'S …
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… However, this argument assumes Akerman possessed the requisite authority to request a hearing on P.H.'s behalf. The …
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… brief in support. Although defendant raised several points, we confine our discussion to the issues raised in … may not be attacked unless it was not "'within the range of competence demanded of attorneys in criminal cases'" and … professional assistance," and "the defendant must overcome the presumption that, under the circumstances, the …
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… review his sentence as a youthful offender under State v. Comer, 249 N.J. 359, 399-401 (2022). He also claimed the … not a juvenile as defined in N.J.S.A. 2A:4A-22(a), and Comer applies only to juvenile offenders, the court … THAN IGNORE THE SCIENCE. A. Juveniles Are Different When It Comes to Sentencing. B. Late Adolescents Aged …
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… both had died. As part of the plea agreement, the State recommended defendant be sentenced to twenty-five years in … that defendant was nineteen years old at the time that he committed the offenses. The PCR judge was in a particularly … a defense. See N.J.S.A. 2C:44-1(b)(4). In that regard, he points out 8 A-2991-23 that he suffered from mental health …
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… (PCR). We affirm. Defendant was charged in a five-count complaint warrant with drug and weapons offenses. In 2018, … questions for counsel or the court. Defendant testified he committed the offenses for which he was offering his plea. … of consecutive sentences." Defendant raises the following points on appeal: POINT I – THE FACTUAL BASIS FOR COUNT TWO …
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… the Law Division's March 15, 2022 order dismissing their complaint challenging certain actions taken against them by … hearing. See Allstars Auto Grp., Inc. v. N.J. Motor Vehicle Comm'n, 234 N.J. 150, 161 (2018) (confirming that an agency … in July 2023.2 Therefore, plaintiffs' contentions in Points Three and Four of its brief not only lack merit, they …
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… incident. Defendant's group took offense to the McCreerys' comments about driving drunk, perceiving a slight. The … also noted Tyler admitted to pushing defendant at various points during the exchange. 4 A-0305-22 Gracie … N.J. 463, 474 (1999). Though presented as three separate points, defendant essentially makes one argument on appeal: …
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… (NJDOC) upholding a hearing officer's determination that he committed prohibited act *.306, conduct which disrupts or … CONST. ART. I, ¶ 1. In his reply brief, Otero raises two points, the second one with subparts: POINT I [OTERO'S] … witnesses but declined the opportunity to do so. Otero points to no provision of the New Jersey Administrative Code …
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… conviction and sentence, defendant presents the following points for our consideration: POINT I: THE EVIDENCE WAS … 262 N.J. Super. 487, 512 (App. Div. 1993), there is no compelling reason to do so here. 1 Although defendant … factors and lack of mitigating factors was "based upon competent and credible evidence in the record." Fuentes, 217 …
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… and Melissa Nicole, on the brief). PER CURIAM In this commercial tenancy action, defendant Luxury Home 1, Inc., … We affirm in part and reverse in part. I Plaintiff leased commercial space in a warehouse to Atlantic USA Holdings, … we find no merit in the contentions defendant raises in Points One, Two, and Three. However, we are unable to find …
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… factors in an effort to reduce his plea agreement's recommended sentence of eighteen years subject to the No Early … her sexual experience, she requested he choke her, and he complied. According to defendant, they had previously … of first-degree manslaughter in exchange for the State's recommendation that he serve an 4 A-4609-16T2 eighteen-year …
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… Defendants-Respondents, and RICH JACOBS, and L.F. DRISCOLL COMPANY, LLC, Defendants. … In her oral decision, the trial judge recalled that the complaint, originally filed against Hagen Construction, … 5 A-2759-15T3 Allen now appeals, raising the following points for our consideration: POINT ONE – THE TRIAL COURT …
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… for post-conviction relief (PCR). He argues the following points on appeal: NOT FOR PUBLICATION WITHOUT THE APPROVAL … informed the court: 3 A-1135-16T1 The State will be recommending a sentence of ten years. The [eighty-five] … defendant filed a PCR petition. Defendant asserted five points in his petition: (1) there was a "questionable …
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… establish that counsel had failed to provide effective and competent assistance, as required by the first prong of … lacked merit. On appeal, defendant raises the following points: POINT I THE FIVE-YEAR PROCEDURAL BAR FOR THE FILING … circumstances' because '[a]s time passes, justice becomes more elusive and the necessity for preserving finality …
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… appeals from his conviction for second-degree conspiracy to commit robbery, N.J.S.A. 2C:15-1 and N.J.S.A. 2C:5-2, … cases is limited. R.1:36-3. June 27, 2017 2 A-2501-15T2 commission of a crime, N.J.S.A. 2C:24-9, and the disorderly … of the crime, which the State must prove. See State v. Lassiter, 348 N.J. Super. 152, 160-161 (App. Div. 2002) (where …
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… tests on defendant, which he failed. Defendant also posited the theory that the victim's car had just pulled onto … "nor did [the court] respond to the jury's questions by comparing recklessness with other mental states." Id. at … to the United States Constitution and this state's common law, now embodied in statute, N.J.S.A. 2A:84A-19, and …
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… stumbled just before he sat in his chair, but regained his composure. He appeared to understand the Miranda warnings … detective stated he could not, to which defendant stated, "Come on man." The detective replied, "I don't know why … recording of a police interrogation, live testimony, or a combination of the two. State v. S.S., 229 N.J. 360, 379 …
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… at least twenty-five years of parole ineligibility – and recommended the fifteen-year term pursuant to N.J.S.A. … he did not raise the arguments set forth in Point I and Points II (A), (B), (C), (D) and (F) to the trial court. … or knowable by defendant prior to sentencing. We find inapposite State v. Peters, 129 N.J. 210 (1992), and State v. …
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… mortgage to plaintiff. In September 2014, plaintiff filed a complaint against defendant to foreclose upon the mortgage. … A-2143-16T3 3 On April 21, 2015, the Federal Trade Commission and the Consumer Fraud Protection Bureau filed a complaint against plaintiff in the United States District …