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njcourts.gov
… "[t]rial counsel failed to fully investigate the case and communicate with [d]efendant, as well as represent … counsel's failure to: interview witnesses; sufficiently communicate with defendant; and seek removal of a courtroom … an evidentiary hearing. In a twenty-seven-page opinion accompanying the order, the judge addressed defendant's …
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njcourts.gov
… 609, 615 (1965). In addition, in New Jersey, there is a common-law right against self-incrimination, which has been … custody or otherwise deprived 13 A-1083-22 of his [or her] freedom," that person is entitled to certain warnings before … taken into custody or otherwise deprived of his [or her] freedom of action in any significant way.'" Tiwana, 256 N.J. …
njcourts.gov
… p.m. – and conducted surveillance from different vantage points. Police were familiar with both residents of XXX Owls … suspicion that a criminal offense has been or is being committed." State v. Hammer, 346 N.J. Super. 359, 366 (App. … Ibid. (emphasis added). The Court concluded, "[t]hose combined circumstances, which together gave rise to probable …
njcourts.gov
… Police Department. She also filed a domestic violence complaint seeking a restraining order. Later that day, … OF INNOCENCE, DESPITE NEWLY DISCOVERED EVIDENCE OF THE COMPLAINANT'S LIES AND [DECEIT]. POINT II THE COURT ERRED IN … his divorce and child custody dispute from a position of freedom. In these circumstances, defendant contends, the …
njcourts.gov
… the judge explained defendant failed to present any competent evidence warranting relaxation of the five-year … excusable neglect and a fundamental injustice to overcome the time bar. 10 A-3526-23 When alleging excusable … at 687). More specifically, "[w]hen a convicted defendant complains of the ineffectiveness of counsel's assistance, …
njcourts.gov
… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS _____________________________________ … judgment seeking dismissal with prejudice of plaintiff’s complaint. Plaintiff Lamont Pray has brought suit against … still receive higher compensation. Additionally, plaintiff points to the fact that “[p]laintiff was passed over for Ms. …
njcourts.gov
… term (FET). On appeal, McBrearty raises the following points for our consideration: POINT I THE STATE PAROLE BOARD … "a substantial likelihood existed that [McBrearty] would commit a new crime if released on parole at this time" and a … of [the] offense(s)"; the fact that McBrearty was committed to incarceration for multiple offenses; …
njcourts.gov
… counsel "were outside the wide range [of] professionally competent assistance." Because defendant failed to satisfy … appellate counsel was ineffective because counsel failed to communicate with him. Defendant asserted that had his … no evidence that defendant was not notified about the outcome of the appeal. The judge further held defendant failed …
njcourts.gov
… her car when she drove through the front façade of a commercial building and into a pizza shop. Three individuals … the State agreed to dismiss the remaining two counts, recommend noncustodial probation with "all conditions to be … of trial counsel under the Strickland/Fritz test. In a comprehensive oral decision, the trial judge appropriately …
njcourts.gov
… THERE WAS NO EVIDENCE OF [DEFENDANT'S] GUILT UNDER THE ACCOMPLICE-LIABILITY THEORY THE STATE EXPLICITLY TOLD THE … the Applicable Law to the Grand Jury and Its Inclusion of Accomplice Liability in the Indictment, It Could Not Retreat … to Instruct the Grand Jury to Consider Only a Theory of Accomplice Liability. B. The State Provided No Evidence to the …
njcourts.gov
… he could easily identify the robber because he had come to the gas station to try to sell him a bicycle three … from the gas station. According to Cruz, after defendant completed his purchase, he returned to the car. As Cruz … to fruition[;]" (3) "putting himself in [the] position of becoming a potential State's witness against" defendant; and …
njcourts.gov
… certain-persons charge. In return, the State agreed to recommend a sentence of seven-years imprisonment with a … important . . . I have to make sure that you're doing this freely, voluntarily . . . ." Defendant repeated twice that … hearing before the PCR judge and raises the following points for our consideration: POINT ONE THE PCR COURT ERRED …
njcourts.gov
… acknowledged the need for the refrigeration units to compensate for products entering at room temperature. … problem . . . ." On appeal, Zina's raises the following points: POINT I THE TRIAL COURT ERRED IN DENYING [ZINA'S] … the company and not an independent expert witness." Zina's points to Totaro and V.A.L. as examples in which parties …
njcourts.gov
… 17 to -35. We affirm. On July 3, 2022, plaintiff filed a complaint seeking a temporary restraining order (TRO) against defendant alleging she had committed acts of domestic violence against him, … during which both parties appeared pro se. Prior to commencing the hearing, the judge advised defendant of her …
njcourts.gov
… drove to that address in an unmarked police vehicle, accompanied by Detectives Russell Curving and Mario Formentin. … small digital scale on the front passenger seat. Defendant complied with the detectives' orders and was handcuffed by … had formed prompting police to take immediate action to complete their business and retreat from the scene. Indeed, …
njcourts.gov
… Department of Corrections (NJDOC) finding him guilty of committing prohibited act *.009, misuse, possession, sale, or intent to distribute or sell an electronic communication device—a cellphone—and imposing various … 365-day's loss of phone privileges; 365- day's loss of commutation time; and thirty-day's loss of other …
njcourts.gov
… a probability sufficient to undermine confidence in the outcome. '" Gideon, 244 N.J. at 550-51 (alteration in original) … See N.J.S.A. 2C:15-1(a)(2) and (b) (providing an actor commits a first-degree robbery by threatening another with, …
njcourts.gov
… which caused his death. After defendant was served with the complaint-warrant charging him with strict liability … In exchange for his guilty plea, the State agreed to recommend defendant be sentenced to an eight-year term of … This appeal follows, wherein defendant raises the following points: POINT I TRIAL COUNSEL WAS INEFFECTIVE FOR NOT …
njcourts.gov
… such a disjointed day maybe you just need to go home and come back tomorrow and then just have a full normal day of … her, they had a "different opinion" of the case, they were communicating to her that 11 A-1888-19 she was a "hindrance," and the jury complained to the trial court that she was "very confused." …
njcourts.gov
… where [he] was found innocent . . . because of the . . . compelling and substantial evidence . . . and the extreme … and affirm for the reasons expressed by the court in its comprehensive and thorough written decision. We provide the … relief that this court may grant, we do not discuss these points further. See De Vesa v. Dorsey, 134 N.J. 420, 428 …