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njcourts.gov
… Defendant's convictions arise out of an armed robbery committed in Newark during the evening of September 15-16, … REPRESENTATION FROM TRIAL COUNSEL AS A RESULT OF COUNSEL'S COMMENTS SUGGESTING TO THE JURY THE DEFENDANT HAD BEEN … probability" the deficient performance affected the outcome. Fritz, supra, 105 N.J. at 58. A-3593-14T4 7 POINT III …
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… our review of her written decision demonstrates that she comprehensively analyzed defendant's PCR arguments. 4 … a probability sufficient to undermine confidence in the outcome." Id. at 694. "[I]f counsel's performance has been so … At any rate, as the 6 A-4143-18T2 State's merits brief points out, even though the assistant prosecutor had no …
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njcourts.gov
… in their entirety. Additionally, the State agreed to recommend a concurrent, custodial sentence of five years and … appeal of the denial of PCR, defendant raises the following points for our review: POINT I DEFENDANT RECEIVED … well - reasoned oral opinion. We add only the following comments. In cases where the PCR court does not conduct an …
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njcourts.gov
… appeal followed. On appeal defendant presents the following points for our consideration: POINT I [OMITTED] POINT II … THE RECORD TO FIND THE DEFENDANT GUILTY ON DE NOVO APPEAL; COMPARISON OF THE ACTUAL EVIDENCE TO THE COURT'S INDEPENDENT … marks and citation omitted). The rule of deference is more compelling where, as here, the municipal and Law Division …
njcourts.gov
… OF CORRECTIONS, MARCUS O. HICKS in his official capacity as COMMISSIONER of the STATE OF NEW JERSEY DEPARTMENT OF … (DOC); Marcus O. Hicks, in his official capacity as commissioner of the DOC; and Jennifer Sheahan, in her … motion for leave to appeal. Plaintiff raises the following points on appeal: POINT I: THE SEPARATE CLAIMS BROUGHT …
njcourts.gov
… (count three). Prior to trial, a motion judge rendered a comprehensive written decision denying defendant's request … are as follows. Detective Tiffany Lenart worked in the Computer Crimes Unit of the Monmouth County Prosecutor's … file sharing network allows an individual with a computer to send files to and receive files from other 4 …
njcourts.gov
… fourth-degree possession of a radio to intercept emergency communications while committing or attempting to commit a … made by the PCR court were not material. Defendant first points out that the PCR court mistakenly "concluded that the … for the purpose of fighting or baiting them]." Defendant points out that count six was dismissed and was not …
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… 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 …
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… 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 …
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… 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 …
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… and twelve-year-old V.M. entered a park in Elizabeth accompanied by their mother, G.S.-M. (mother). J.M., who was … may infer that the defendant fled shortly after the alleged commission of the crime. The defendant denies any flight or … ENFORCEMENT AND EGREGIOUS ACTS OF RACIAL PROFILING. POINTS III: PETITIONER WAS DENIED EFFECTIVE ASSISTANCE OF …
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… you want," and stabbed the victim. Defendant then told a companion, "let's get out of here." The landlord of the … house. II On this appeal, defendant raises the following points of argument: POINT I: THE COURT ERRED BY DENYING THE … to disturb the conviction or the sentence. Defendant's points IV and V are without sufficient merit to warrant …
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… immediately objected, and argued that the highlighted comment, which the prosecutor had not solicited, incorrectly … the strongest terms possible that you are to disregard that comment or that answer in its entirety. Do not consider it … summations to proceed in defendant's absence. As defendant points out, the State and federal constitutions guarantee a …
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… was not properly tailored, and the prosecutor made improper comments in her summation. Having reviewed defendant's … in the living room. Anna took with her defendant's tablet computer, which he had earlier permitted her to use. Soon … months probation. II. Defendant presents the following points for our consideration: POINT I IN A CASE WHERE THE …
njcourts.gov
… her like 3 times[,]" then "walked off cussing." She also commented that the woman was bleeding, crying, and upset. … S.S. also addressed and reaffirmed this State's historical commitment to an individual's right against self- … to the United States Constitution and this state's common law, now embodied in statute, N.J.S.A. 2A:84A-19, and …
njcourts.gov
… AND UNRELIABLE OUT- OF-COURT IDENTIFICATION AND THEN COMPOUNDED THE PROBLEM BY FAILING TO PROVIDE THE FACT … [DEFENDANT] DUE PROCESS AND A FAIR TRIAL. A. FAILURE TO COMPLY WITH DELGADO[1] RENDERED THE IDENTIFICATION … letter "M"; Romano asked him to call her when they could complete the transaction. Romano called the stored number …
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
… 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 …
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. … end of [the prosecutor's] opening statement, there was a comment in terms of the State calling . . . three credible …
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 …