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… files of others similarly situated who obtained a waiver recommendation. After the decision in Benjamin, which … This appeal followed. Defendant raises the following points for our consideration: POINT I AFTER THE COUNTY … so lacking in merit. R. 2:11-3(e)(2). Defendant's remaining points concern the analysis of the principles enunciated in …
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… of misconduct against him. Because the case was not complex, the attorney stated that only a brief adjournment … the State agreed to begin the trial on May 24, 2016 to accommodate the prosecutor's need to attend a training … longer able to preside over the case because of other work commitments, and the matter was transferred to another judge …
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… this motion as well. III. Defendant raises the following points for our consideration: POINT I THE FIRST MOTION TO … an open air narcotics market about which numerous civilian complaints had been received. Although that factor alone … mitigating factors found by the trial judge were based upon competent and credible evidence, and the sentence does not …
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… The prosecutor then addressed defense counsel's complaints about the brevity of the reports, explaining: And … above standards, we discern no error in the prosecutor's comments warranting reversal of defendant's conviction. "A … 602, 605 (App. Div. 1993). Furthermore, a prosecutor's comments may be harmless if they are only a response to …
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… thing she heard was the sound of someone being hit and "a commotion." After that she was unable to contact her husband … hearing, Judge Foti denied defendant's PCR petition in a comprehensive written opinion. Addressing the second …
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… reached for her license and registration in the glove compartment, the officer observed multi-colored paper … DEPRIVED DEFENDANT OF A MEANINGFUL OPPORTUNITY TO PRESENT A COMPLETE DEFENSE, VIOLATING HER CONSTITUTIONAL DUE PROCESS RIGHT TO A FAIR TRIAL AND COMPULSORY PROCESS. [U.S. CONST.] AMENDS. VI, XIV; [N.J. …
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… an evidentiary hearing. In the eleven-page opinion accompanying the judge's order, she addressed defendant's IAC … performance that mandates [PCR] . . . . Instead, Petitioner points to numerous instances that illustrate trial strategy … assistance of counsel, a defendant must present legally competent evidence rather than "bald assertions." State v. …
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… 2C:11-3(a)(3). In exchange for his guilty plea, the State recommended a prison term of thirty years with a thirty-year … is clear beyond a reasonable doubt.'" N.J. Republican State Comm. v. Murphy, 243 N.J. 574, 591 (2020) (quoting State v. … not affected by N.J.S.A. 2C:43-7.2(a). Notably, in State v. Comer and State v. Zarate, 249 N.J. 359, 380-81 (2022), our …
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… a bench trial entering a no cause of action dismissing the complaint against defendant New NOT FOR PUBLICATION WITHOUT … a "Club Information Briefing" meeting with the staff. The accompanying presentation identified all staff members as … with prejudice. On appeal, plaintiff raises the following points for this court's consideration: [POINT I] THE TRIAL …
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… on his claim of jury taint based on an allegedly improper communication with a Sheriff's Officer. After an evidentiary … THE JURY TO THE ELEMENTS OF THE PREDICATE FELONY OF 1 To comport with our style conventions, we have altered the capitalization of defendant's subpoints A and B but have omitted these alterations for …
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… granting defendants' motion to dismiss his second-amended complaint without prejudice under Rule 4:6-2(e) and the … and a September 16, 2019 order dismissing his third-amended complaint under Rule 4:6-2(e) with prejudice. The doctrine … and defendants. On appeal, plaintiff raises the following points for this court's A-0914-19T1 5 consideration: POINT I …
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… on this conviction. 3 A-0113-17T1 application for more complete findings pursuant to Rule 1:7-4(a) and State v. … and found him to be in possession of thirty dollars comprised of one ten-dollar bill, one five-dollar bill, and … Defendant appeals his conviction, presenting the following points for our review: 3 Defendant was originally charged in …
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… THE PLEADING STAGE WAS ERRONEOUS, AS DEFENDANT'S PETITION COMPLIED WITH PROCEDURAL/TIMELINESS REQUIREMENTS AND HAD … argument, we discern no statutory or procedural provision compelling it to adopt this course. See R. 3:22-11. [228 … its discretion, including the apparent merits and complexity of the issues raised, whether the petition is an …
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… offered or how their testimony could have affected the outcome of the case. The court stated that defendant's … the following issues: TRIAL COUNSEL'S NEGLECT TO ADEQUATELY COMMUNICATE WITH DEFENDANT, TO PROPERLY INVESTIGATE THE … AND PETITIONS FOR POST- CONVICTION RELIEF B. FAILURE TO COMMUNICATE, INVESTIGATE AND CALL WITNESSES In a pro se …
njcourts.gov
… or persistent to warrant revocation. The hearing officer recommended that Bunch be continued on PSL status subject to completing a 180-day program entitled PROMISE, a program … with mental illness safely and effectively" to the community. A two-member Board panel concurred with the …
njcourts.gov
… the judge informed defendant that he would be sentenced to community supervision for life (CSL). Defendant also completed plea forms to that effect. At the February 2007 … and this appeal followed. Defendant raises the following points for our consideration: POINT ONE [DEFENDANT] IS …
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… was afforded supervised parenting time only pending his completion of training to appropriately care for C.D. … to Show Cause (OTSC), defendant provided proof that he completed training at Raritan Bay Medical Center on August … in [his] house, which resulted in multiple police cars coming to [his] house, searching [his] house, as well as …
njcourts.gov
… one a tall, heavy-set black male. The car used in the commission of the robberies was described in the BOLO as an … [the officer's] testimony which I found credible on these points, that he did a protective search of the area where … most thorough way," the judge nevertheless found it was accomplished in a legal way because the area searched was "not …
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… ASSISTANCE OF COUNSEL BY FAILING TO CHALLENGE THE FRESH COMPLAINT AND CSAAS[2] WITNESSES AND INSTRUCTIONS. POINT TWO … oral opinion. We add the following. 2 Child Sexual Abuse Accommodation Syndrome (CSAAS). 5 A-0747-18T4 II. "A … a probability sufficient to undermine confidence in the outcome." State v. Harris, 181 N.J. 391, 432 (2004) (quoting …
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… marriage, and potentially misrepresenting his A-1784-19 3 income and assets. Plaintiff also disclosed to Mr. Celli the … parties' financial arrangements, lifestyles, assets, and income. Specifically, plaintiff disclosed the parties' … of the [legal] profession against a client’s right freely to choose his counsel." Dewey v. R. J. Reynolds …