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njcourts.gov
… who explained the theory of Child Sexual Abuse Accommodation Syndrome (CSAAS) regarding "a child's often … three questions posed by the motion judge in assessing his competence to represent himself, and "was unable to prove … only if a defendant establishes a prima facie showing in support of the requested relief. State v. Preciose, 129 N.J. …
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njcourts.gov
… certain evidence prior to trial; rejecting defendant's recommended supplemental voir dire question on racial bias; … J., concurring)). We address defendant's first two points together. Defendant argues that the trial judge erred … a lengthy pre-trial hearing and made extensive findings supporting his reasons for limiting or excluding the …
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njcourts.gov
… any charges. On April 3, 2018, plaintiff filed a five-count complaint alleging that: (1) the Passaic defendants: … dismissal of count five. Plaintiff raises the following points for our consideration: POINT I [THE] PASSAIC … force to claims under NJCRA. 22 A-4560-19 The record fully supports the judge's findings that plaintiff did not show …
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njcourts.gov
… one must have a knowing intentional control of an item accompanied by knowledge of its character. So, a person who … court shall determine 'whether the circumstances fairly support an inference of bias' or whether the proposed … Elijah's parole records once these witnesses had completed their testimony. Regarding Point II, defendant …
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njcourts.gov
… recovered the firearm through a warrantless search of a companion's backpack, which she had carried out of a parked … This appeal ensued. Defendant raises the following points for our consideration: POINT I THE POLICE ILLEGALLY … was the fruit of an illegal arrest and cannot be used to support probable cause. It is not essential for us to …
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njcourts.gov
… we affirmed her conviction for first-degree conspiracy to commit murder. State v. Hildago-Bautista, No. A-2965-18 … for discovery and her PCR petition raising the following points: POINT I DEFENDANT WAS ENTITLED TO AN EVIDENTIARY … a PCR petition only if they establish a prima facie case in support of PCR, material issues of disputed fact cannot be …
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njcourts.gov
… of defendant's contentions without a hearing. After completion of the hearing, the judge denied defendant's PCR … defendant's self-represented brief asserts supplemental points contending the PCR judge's denial of his petition was … and sufficient credible evidence existed in the record to support the judge's finding. 13 A-0536-24 Defendant also …
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njcourts.gov
… detailed the relevant procedural history and trial evidence supporting defendant's convictions in our prior opinion, … from God that she "was hurting" and he could help her "become closer to God" if they reenacted his visions. B.H. … trial. 17 A-3580-22 B. In defendant's second through fourth points, he contends the PCR court erred in rejecting his …
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njcourts.gov
… reflected "an inadvertent mistake" in connection with the completion of a permit application by a layperson. P.F.C. … appeal followed. On appeal, P.F.C. raises the following points for our consideration: [POINT I] A REVOCATION OF A … F.3d 112, 124 (3d Cir. 1999) (quoting United States v. W. Indies Transp., Inc., 127 F.3d 299, 313 (3d Cir. 1997)).] …
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njcourts.gov
… break, defense counsel stated she "did not object [to this comment] at the time, because it was kind of already out … fee, fines, and penalties. Defendant raises the following points on appeal: POINT I DEFENDANT'S CONVICTIONS MUST BE … TO ANSWER SUCH QUESTIONS, AND SHE PROVIDED NO BASIS TO SUPPORT HER NET OPINIONS (not raised below). POINT III …
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njcourts.gov
… to admit testimony of D.D. and Y.D. as evidence of "fresh complaints" in accordance with State v. Hill, 121 N.J. 150 … [him] and [her] rejections toward [him] fe[lt] like knife points." Defendant did not testify at trial. In his closing … COURT IMPROPERLY RELIED ON DEFENDANT'S DENIAL OF GUILT TO SUPPORT AGGRAVATING FACTORS AND INAPPROPRIATELY IMPOSED …
njcourts.gov
… from New York to a Best Buy in Brick Township with the common purpose of fraudulently purchasing cellphones. A … of conviction. Defendant's counsel then filed a brief in support of defendant's petition. The court heard oral … 5 A-3832-23 On appeal, defendant argues the following points: POINT ONE THE PCR COURT ERRED IN PROCEDURALLY …
njcourts.gov
… process. The vicinage's Criminal Division manager recommended against defendant's admission into PTI. The … of probation. On appeal, defendant raises the following points for our consideration: POINT I THE TRIAL COURT ERRED … result of this recklessness. These characteristics strongly support PTI factor (10), because of the assaultive nature of …
njcourts.gov
… each in two additional indictments. The State agreed to recommend the sentences on those indictments run concurrent to … INVESTIGATION B. TRIAL COUNSEL FAILED TO EFFECTIVELY COMMUNICATE WITH MR. KING C. TRIAL COUNSEL FAILED TO FILE A … footage. And counsel called three witnesses who supported the defense theory through their testimony. …
njcourts.gov
… In his brief on appeal, defendant presents the following points: POINT I THE PCR COURT ERRED WHEN IT FAILED TO GRANT … forth in the court's oral decision. We add only a few brief comments. Rule 3:22-12(a)(1) plainly states that "no [PCR] … defendant's ignorance of the applicable deadline does not comprise excusable neglect. A defendant's lack of …
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… Innocent Of Murder, And There Was Insufficient Evidence To Support The Murder Conviction, Or In The Alternative, The … R. 2:11- 3(e)(2). However, we make the following brief comments. The third PCR petition was untimely as to first … assert the facts that an investigation would have revealed, supported by affidavits or certifications based upon the …
njcourts.gov
… B. Trainer pled guilty to second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2(a) and N.J.S.A. … for the reasons stated by Judge Donna Gallucio in her comprehensive written opinion accompanying the September 25, … conclusions that: there was sufficient evidence to support the indictment, each separate statement to which the …
njcourts.gov
… 2C:35-10(a)(1), with the State agreeing in turn to recommend a probationary sentence. At defendant's plea hearing … In her brief on appeal, defendant raises the following points: POINT I THE DEFENDANT WAS DENIED THE EFFECTIVE … of the PTI denial. However, she does not state in her supporting certification that she ever made such a request …
njcourts.gov
… In exchange for defendant's guilty plea, the State recommended a sentence of probation and imposition of a fine. … defendant to a three-year probationary term, 100 hours of community service, and forfeiture of $310. In July 1995, a … CHARGING PAPERWORK[.] B. PETITIONER'S CLAIM OF INNOCENCE IS SUPPORTED BY PLAUSIBLE FACTS AND THE DECEMBER 3, 1993 PLEA …
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… Investigation, And That There Was No Proof Of A Robbery To Support A Felony Murder Charge. Point III: Charging Petitioner As An Accomplice To A Principal (Keets) In A Felony Murder Who Was … other inconsistency that would have changed the case's outcome if it had been probed. On appeal, defendant has pared …