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njcourts.gov
… to the police, when defendant reached into the glove compartment to retrieve his credentials, three bricks of … 2014. His counsel filed a letter providing a Statement of Compelling Reasons in support of his application. The letter … to defendant and his family, jeopardizing his ability to complete college and obtain employment in accounting. …
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njcourts.gov
… DENIED EFFECTIVE ASSISTANCE OF COUNSEL AS A RESULT OF THE INCOMPETENT EFFORTS OF THE ATTORNEYS OF THE "PROJECT FREEDOM … A NEW TRIAL. POINT VI: THIS COURT SHOULD CONSIDER ALL OTHER POINTS WHICH [DEFENDANT] CONSIDERS TO BE RELEVANT TO THE … N.J.S.A. 2C:18-2 (count eight); second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:15-1 (count …
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njcourts.gov
… was excessive. We reject defendant's first two points but agree with one aspect of his third point: the … arguments to those posed in his attorney's first and second points. In his third point, defendant argues that "the … the stepdaughter testified that the things of which she complained had ended around the time she was fourteen. Yet, …
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njcourts.gov
… unarmed. Surveillance footage from nearby residential and commercial properties, including footage from the Lounge, … and Amboy Avenue. The defendant's response to the victim's comments in the bar and even the victim's alleged act of … issues and those dealing with substantially material points." Id. at 290. Because a defendant should be tried …
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njcourts.gov
… and psychosocial evaluations, which resulted in a recommendation for individual and joint therapy for plaintiff … to enroll with him in a reunification program at Turning Points for Families. Defendant cross-moved to reopen the … parental alienation, and the administrator of the Turning Points program. The judge considered testimony from …
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njcourts.gov
… purpose, N.J.S.A. 2C:39-4(a). He contends the trial judge committed plain error by giving a jury charge on the … they were reliable. I. Long-time male and female live-in companions were finished exercising in an Essex County park … identifications were reliable. Understandably, defendant points to the unanswered questions on the worksheet to …
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njcourts.gov
… child. Plaintiff has a Master's Degree in Mathematics and Computer Science and is fully employed. However, the trial … the marriage, the parties acquired interests in various companies, pension and retirement plans, and other assets. … contracts and grants." Defendant raises the following points on appeal: POINT ONE THE LOWER COURT ERRED WHEN IT …
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njcourts.gov
… incident), but rather pre-existed it.1 The Board issued a comprehensive eight-page written decision. We affirm. … the wrong burden of proof, 1 Hawkins filed a related complaint against numerous parties, including Board members, … hearing. We affirmed an order dismissing that Law Division complaint, indicating that Hawkins could appeal the Board's …
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njcourts.gov
… I THE TRIAL COURT ERRED IN CHARGING THE JURY CONCERNING ACCOMPLICE LIABILITY WHERE THE CO-DEFENDANTS DID NOT TESTIFY … he asserts that the court improperly charged the jury on accomplice liability, claiming there was a dearth of evidence … charge. Further, defendant contends that "this error was compounded by the trial court's den[ial] [of] [defendant's] …
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njcourts.gov
… The officer asked them some questions about where they were coming from and where they were heading. As he spoke to the … and taken a Coach purse, a matching wallet, and a red compact disc ("CD") case. Officer Schwarz then asked the … alerted to the basic problem[.]" Id. at 68. In short, the points of divergence developed in the proceedings before a …
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njcourts.gov
… raises the following contention: POINT I THE PROSECUTOR COMMITTED MISCONDUCT AND REDUCED THE STATE'S BURDEN OF PROOF … they arrived at the scene and defendant understanding and complying with this command. Defendant did not testify at trial and he presented …
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njcourts.gov
… to plaintiff and granted plaintiff's cross-motion to compel defendant to pay $7,581.40 in alimony arrears and … Probation Division moved to enforce litigant's rights by compelling defendant's payment of alimony arrears.1 The … 451 N.J. Super. 282, 296, 299 (App. Div. 2017). In Points One and Two, defendant claims the Probation …
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njcourts.gov
… who are unit owners in the Northgate Condominium complex, appeal from two orders: a March 5, 2019 order … DEFENDANTS FROM LIABILITY. POINT II THE TRIAL COURT COMMITTED ERROR IN RULING THAT PLAINTIFFS' MAY 16, 201[7], COMPLAINT WAS FILED OUTSIDE THE STATUTE OF LIMITATIONS AND …
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njcourts.gov
… defendant's petition by order dated April 11, 2019. In an accompanying twenty-three-page written opinion, the judge … indictment, the judge found that defendant "received the complete discovery on the 1993 CDS indictment again in 2012 … 192). This appeal followed. Defendant raises the following points for our consideration: 10 A-4787-18 POINT ONE THE PCR …
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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 …