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- A-3990-14T2 Opinionnjcourts.gov… Submitted May 25, 2017 - Decided Before Judges Lihotz and Mawla. On appeal from Superior Court … N.J. 42, 58 (1987). Defendant must show: (1) "counsel's performance was deficient[,]" which requires defendant to prove … assault. Indeed, defendant was acquitted of aggravated sexual assault, sexual assault, and a count of first degree …
- State v. David Bass - Published Opinionsnjcourts.gov… the Court. It has been prepared by the Office of the Clerk for the convenience of the reader. It has been neither … challenges on appeal, including the three issues that form the basis of the instant appeal. The first issue arose … explained to Sinclair that defendant owed her money for sexual services that she had provided to him earlier that …
- A-118-13 Opinionnjcourts.gov… the Court. It has been prepared by the Office of the Clerk for the convenience of the reader. It has been neither … challenges on appeal, including the three issues that form the basis of the instant appeal. The first issue arose … explained to Sinclair that defendant owed her money for sexual services that she had provided to him earlier that …
- njcourts.gov… Submitted June 4, 2024 – Decided July 10, 2024 Before Judges Mayer and Enright. On appeal from the Superior … remaining charges, including two counts of second-degree sexual assault, N.J.S.A. 2C:14- 2(b). 1 N.J.S.A. 2C:7-1 to … 3 A-0232-23 Prior to sentencing, defendant signed various forms confirming he understood: (1) he was required to …
- njcourts.gov… Submitted June 4, 2024 – Decided July 10, 2024 Before Judges Mayer and Enright. On appeal from the Superior … remaining charges, including two counts of second-degree sexual assault, N.J.S.A. 2C:14- 2(b). 1 N.J.S.A. 2C:7-1 to … 3 A-0232-23 Prior to sentencing, defendant signed various forms confirming he understood: (1) he was required to …
- A-94-18 Opinionnjcourts.gov… opinion. It has been prepared by the Office of the Clerk for the convenience of the reader. It has been neither … to a person facing civil commitment under the New Jersey Sexually Violent Predator Act (SVPA), N.J.S.A. 30:4-27.24 to … Rule 4:17-1, and Rule 4:18-1, let alone use the other forms of discovery allowed under the civil rules, without …
- njcourts.gov… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … to revoke their ROR status. Defendants counter-proposed performing 150 hours each of community service related to the … victim and society; (10) Whether or not the crime is of an assaultive or violent nature, whether in the criminal act …
- STATE OF NEW JERSEY VS. DEREK S. MCDONOUGH (10-04-0441, UNION COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… Submitted October 4, 2022 – Decided October 28, 2022 Before Judges Susswein and Berdote Byrne. On appeal from the … hearing. Specifically, McDonough claims his counsel's performance was deficient by releasing inculpatory evidence to … was convicted of having committed fourth-degree criminal sexual contact and third- degree witness tampering. The jury …
- A-2379-20 – STATE OF NEW JERSEY VS. DEREK S. MCDONOUGH (10-04-0441, UNION COUNTY AND STATEWIDE) Opinionnjcourts.gov… Submitted October 4, 2022 – Decided October 28, 2022 Before Judges Susswein and Berdote Byrne. On appeal from the … hearing. Specifically, McDonough claims his counsel's performance was deficient by releasing inculpatory evidence to … was convicted of having committed fourth-degree criminal sexual contact and third- degree witness tampering. The jury …
- njcourts.gov… Argued January 9, 2025 – Decided February 28, 2025 Before Judges Natali, Walcott-Henderson, and Vinci. On appeal … after a jury found him guilty of first-degree aggravated sexual assault, second-degree sexual assault, and … INDIVIDUAL RIGHT; AND B) THE USE OF AN IMPROPER MIRANDA FORM IN VIOLATION OF DEFENDANT'S DUE PROCESS RIGHTS. a. THE …
- njcourts.gov… Argued January 9, 2025 – Decided February 28, 2025 Before Judges Natali, Walcott-Henderson, and Vinci. On appeal … after a jury found him guilty of first-degree aggravated sexual assault, second-degree sexual assault, and … INDIVIDUAL RIGHT; AND B) THE USE OF AN IMPROPER MIRANDA FORM IN VIOLATION OF DEFENDANT'S DUE PROCESS RIGHTS. a. THE …
- njcourts.gov… RECORD IMPOUNDED NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … from a September 6, 2019 order finding he continued to be a sexually-violent predator who must be civilly committed in … in 1986, J.S. repeatedly forced a four-year- old boy to perform fellatio on him, and threatened to come back and kill …
- njcourts.gov… Argued March 6, 2023 – Decided July 28, 2023 Before Judges Gooden Brown and Fisher. On appeal from the … defendant Richard Perry with two counts of second-degree sexual assault, N.J.S.A. 2C:14-2(b) (counts one and two), … 'as to which the jury is as competent as [the witness] to form a conclusion.'" Id. at 469-70 (alteration in original) …
- njcourts.gov… Argued March 6, 2023 – Decided July 28, 2023 Before Judges Gooden Brown and Fisher. On appeal from the … defendant Richard Perry with two counts of second-degree sexual assault, N.J.S.A. 2C:14-2(b) (counts one and two), … 'as to which the jury is as competent as [the witness] to form a conclusion.'" Id. at 469-70 (alteration in original) …
- njcourts.gov… RECORD IMPOUNDED NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … appellant/cross-respondent State of New Jersey (Mario C. Formica, Special Deputy Attorney General/Acting Deputy First … Ann. § 3126(a)(1). The conviction was based on B.B.'s 2005 sexual assault of his five-year-old brother. B.B. was …
- njcourts.gov… minors. Argued May 28, 2024 – Decided June 28, 2024 Before Judges Mawla, Marczyk, and Chase. NOT FOR PUBLICATION … in April 2021.2 Juliet was a longtime victim of childhood sexual abuse by her stepfather. Her oldest son was conceived … prongs are not discrete and separate; they overlap to inform a more general inquiry that the termination of parental …
- njcourts.gov… minors. Argued May 28, 2024 – Decided June 28, 2024 Before Judges Mawla, Marczyk, and Chase. NOT FOR PUBLICATION … in April 2021.2 Juliet was a longtime victim of childhood sexual abuse by her stepfather. Her oldest son was conceived … prongs are not discrete and separate; they overlap to inform a more general inquiry that the termination of parental …
- njcourts.gov… opinion. It has been prepared by the Office of the Clerk for the convenience of the reader. It has been neither … period of parole ineligibility he faced for an aggravated assault charge. Defendant’s plea was accepted, and jail … charge. At this second plea hearing, defense counsel informed the court “that there was a number given to Mr. …
- njcourts.gov… Submitted February 7, 2022 – Decided March 16, 2022 Before Judges Sabatino and Natali. On appeal from the Superior … (Michael), a man with whom Faye was residing. Defendant was formerly in a relationship with Faye, which she had recently … 441, 453 (App. Div. 1988) (considering a four- year-old sexual assault victim's "extreme youth" was a proper …
- A-0891-20 Opinionnjcourts.gov… Submitted February 7, 2022 – Decided March 16, 2022 Before Judges Sabatino and Natali. On appeal from the Superior … (Michael), a man with whom Faye was residing. Defendant was formerly in a relationship with Faye, which she had recently … 441, 453 (App. Div. 1988) (considering a four- year-old sexual assault victim's "extreme youth" was a proper …