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… that defendant's jury waiver was knowing, voluntary, and competent. Following the bench trial, the judge found … to defendant's waiver and pointed out that he needed to complete a written waiver form. On September 3, 2019, … burden of making "a plain showing that such waiver was not freely and intelligently made." Adams v. United States, 317 …
njcourts.gov
… Id. at 2. We "assume[d] from the absence of any comment on the subject in either brief, that on some … defendant's claim regarding the prosecutor's summation comments was an ineffective assistance of counsel claim. … trial counsel was ineffective for failing to object to the comments. The judge acknowledged the State addressed the …
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njcourts.gov
… arises from a gang-related armed robbery and felony murder committed in July 2009. In 2012, a jury convicted defendant … street. Defendant ordered D.S. to shoot L.O. if he did not comply. While defendant watched, D.S. approached the … D.S. to believe that he would be killed if he refused to commit the robbery. 5 A-1813-20 At trial, the State …
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njcourts.gov
… cases is limited. R. 1:36-3. 2 A-3625-20 Tonacchio, Spina & Compitello, attorneys for respondent/cross-appellant (Jeremy … each party had equal rights and he was "not going to . . . freeze [plaintiff] out until some point somebody decides the … made the application. Plaintiff raises the following points on appeal: I. THE TRIAL COURT ERRED BY FAILING TO …
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njcourts.gov
… (count six); second-degree possession of a firearm while committing a drug offense, N.J.S.A. 2C:39-4.1(a) (count … seven. However, the judgment of conviction and order for commitment do not reflect the renumbered counts. 3 A-2172-20 … the ineffectiveness of trial counsel in the following three points: POINT I [DEFENDANT] WAS DENIED THE EFFECTIVE …
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njcourts.gov
… (count six); second-degree possession of a firearm while committing a drug offense, N.J.S.A. 2C:39-4.1(a) (count … seven. However, the judgment of conviction and order for commitment do not reflect the renumbered counts. 3 A-2172-20 … the ineffectiveness of trial counsel in the following three points: POINT I [DEFENDANT] WAS DENIED THE EFFECTIVE …
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njcourts.gov
… Rose Taylor, appeals the summary judgment dismissal of her complaint, which alleged defendant Township of Ewing failed … A-4804-17T4 properties on lots 8, 9, 10, 15, and 17. In her complaint, plaintiff alleged that in 2009, thirty-six years … ensuing order. Plaintiff presents the following argument points for our consideration: POINT I MOTION JUDGE COMMITTED …
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njcourts.gov
… argues plaintiff failed to prove, by a preponderance of the competent evidence, that he committed the predicate act of simple assault against … him with simple assault. Plaintiff also filed a civil complaint under the PDVA and obtained an ex parte temporary …
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njcourts.gov
… According to Williams, M.B. also reported it was common for the children to play by themselves outside of her … considered that "all of the adults said that it was common for R.S. to play outside without adult supervision." … was insufficient to substantiate neglect. The ALJ recommended reversal of the DCF's substantiation finding. The …
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njcourts.gov
… D. Zacche appeals from the June 27, 2019 Law Division order compelling the forfeiture of his retirement pension in … 3 A-5118-18T1 On March 26, 2019, the State filed a verified complaint and order to show cause seeking, among other … clear beyond a reasonable doubt." Harvey v. Bd. of Chosen Freeholders, 30 N.J. 381, 388, (1959) (citing Gangemi v. …
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njcourts.gov
… second-degree sexual assault in exchange for a sentencing recommendation of an aggregate consecutive prison term of … services. The plea judge found defendant entered the pleas freely and voluntarily without threats, outside promises or … This appeal followed. Defendant raises the following points for our consideration: POINT ONE THE DEFENDANT'S …
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njcourts.gov
… appeals from her refusal conviction, raising the following points for our consideration: POINT I SINCE THE DEFENDANT … 157 N.J. 463, 471-72 (1999). The rule of deference is more compelling where, as here, the municipal and Law Division … well-grounded suspicion that a crime has been or is being committed" by the defendant. State v. Marshall, 199 N.J. …
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njcourts.gov
… into the whereabouts of [defendant], the search was commenced after marijuana was found and Ms. Cooper consented … State v. Pineiro, 181 N.J. 13, 19 (2004). To overcome this presumption, the State must show by a … and Burgos was lawful. Defendant does not contest those points on appeal. 8 A-0715-17T4 roadside and police station. …
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njcourts.gov
… hearing, Judge Charles Middlesworth, Jr. issued a comprehensive Memorandum of Decision on September 11, 2009, … the asserted ineffective performance affected the outcome of the plea process, namely, defendant must show that a … assent of both parties. 9 A-0957-15T3 Defendant further points out that, at the time of his sentencing, he indicated …
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njcourts.gov
… a bank teller. Defendant testified he attempted to commit a robbery of the bank using a handgun to threaten and ultimately force the bank teller to comply with his demand. Defendant admitted to being at a … 28, 2009, in Gloucester Township, at which he attempted to commit a robbery. Specifically, he admitted he wore a mask …
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njcourts.gov
… Township police officers responded to a suspicious person complaint regarding a private residence December 22, 2017 3 … New Jersey or in his home state of California. The police communicated by phone with a representative from Bank of … THE CRIMES CHARGED. Further, defendant raises the following points in response to the State's brief: POINT I THE …
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njcourts.gov
… to their car. Ibid. At that point, defendant and two of his companions stopped the victims. Ibid. Defendant again took … went on to highlight defendant's age at the time he committed the offense, his immaturity, and his poor family … We add the following comments. As defendant correctly points out, a request to correct an illegal sentence can be …
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njcourts.gov
… under the plea agreement.1 1 Four of the indictments encompassed multiple counts, and two included first-degree … and suppress telephone recordings, the trial court commenced a bench trial on Indictment No. 14-12-1056, but … determining that defendant was entering the guilty pleas "freely and voluntarily," was not promised anything other …
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njcourts.gov
… DIVISION DOCKET NO. A-5509-18T5 IN THE MATTER OF THE CIVIL COMMITMENT OF P.P., SVP-711-15. _______________________ … and this appeal followed. II. On appeal P.P. raises two points for our consideration. POINT ONE THE TRIAL COURT … a sexually violent offense in the foreseeable future. P.P. points to Dr. Goldwaser's unsupported ASPD diagnoses, P.P.'s …
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njcourts.gov
… that defendant's jury waiver was knowing, voluntary, and competent. Following the bench trial, the judge found … to defendant's waiver and pointed out that he needed to complete a written waiver form. On September 3, 2019, … burden of making "a plain showing that such waiver was not freely and intelligently made." Adams v. United States, 317 …