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… Submitted May 14, 2018 – Decided March 4, 2019 Before Judges Ostrer and Whipple. On appeal from Superior … a white t-shirt. He was on the east side of the apartment complex at 1514 Monroe Avenue, near the border between … fellow officer approached the east side of the apartment complex, while the other two entered the complex from the …
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… Submitted May 7, 2019 – Decided May 31, 2019 Before Judges Geiger and Enright. On appeal from Superior … EXCESSIVE. We conclude the trial judge did not err on these points. Accordingly, we affirm defendant’s conviction and … incident, Villanueva had broken up with defendant and become romantically involved with Romero. Text messages read …
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… Argued September 20, 2018 – Decided June 27, 2019 NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … Inc.'s motions for summary judgment and dismissing his complaint with prejudice. Viewing the record in the light … 4:46-2(c), the motion judge found plaintiff did not present competent evidence showing defendant Salis was negligent in …
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… Submitted September 18, 2019 – Decided Before Judges Whipple and Gooden Brown. On appeal from the … after a jury found him guilty of first-degree conspiracy to commit murder, N.J.S.A. 2C:5-2 and 2C:11-3(a). Defendant was … to a fair trial, 'erroneous instructions on material points are presumed to' possess the capacity to unfairly …
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… Argued September 23, 2019 – Decided Before Judges Fasciale and Moynihan. On appeal from the … ERRED BY FAILING TO CONSIDER FACTOR FOUR, THE DESIRE OF THE COMPLAINANT OR VICTIM TO FOREGO PROSECUTION. 3 A-0893-18T3 … therapy to address his anxiety and depression. He points to two reports, one from the licensed professional …
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… Submitted March 4, 2020 — Decided March 19, 2020 Before Judges Whipple, Gooden Brown, and Mawla. On appeal from … her mentation was normal, lucid, and she was able to follow commands. . . . The nurse's report had similar notes … . . . . N.J.R.E. 803(c)(4)." Defendant raises the following points on appeal: POINT I - THE [PCR] JUDGE ERRED IN HIS …
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… Submitted December 9, 2019 – Decided April 20, 2020 Before Judges Fasciale and Rothstadt. On appeal from the … Terrence R. Cook in his twenty-page written decision that accompanied the order denying defendant's petition. The facts … affidavit, defendant had "very big power in [his] hands to compel [defendant's] attorney and [the] prosecutor to do …
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… two unrelated indictments. In return, the State agreed to recommend a ten-year term of imprisonment on the assault … the plea bargain. Before us, defendant raises the following points for our consideration: POINT I THE TRIAL COURT ERRED … the trial court must be sensitive to the need to revisit its pre-trial rulings in light of the developing …
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… Submitted February 3, 2021 – Decided March 17, 2021 Before Judges Whipple, Rose, and Firko. On appeal from the … reasons expressed by Judge Christopher J. Garrenger in his comprehensive written decision that accompanied the order under review. I. The underlying facts …
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… Submitted February 24, 2021 – Decided May 26, 2021 Before Judges Ostrer and Enright. On appeal from the Superior … the State's offer to dismiss his remaining charges and recommend he serve an aggregate sentence of 364 days in jail … HIS PLEA AND DEFENDANT'S MOTION WAS MERITORIOUS. Regarding Points I and II, we initially observe that when petitioning …
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… Submitted February 10, 2021 – Decided June 21, 2021 Before Judges Accurso and Enright. On appeal from the Superior … count of first-degree sexual assault in exchange for a recommended twelve-year NERA1 term, the same plea defendant … knowing and voluntary. The judge noted defendant's counsel communicated with him in fluent Spanish, and that an …
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… Submitted February 8, 2022 – Decided March 25, 2022 Before Judges Currier and Smith. On appeal from the Superior … also stated he understood if he did not successfully complete the Recovery Court program, he would be subject to … insisted on going to trial." Defendant raises the following points for our consideration: POINT I. THE PCR COURT FAILED …
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… Submitted January 10, 2022 – Decided April 13, 2022 Before Judges Sabatino and Rothstadt. On appeal from the … not find any contraband or weapons on defendant. As Woods completed defendant's pat-down, the Ford attempted to drive … especially since "they were able to [re]cite the salient points of the requirement, [including that Brown] had the …
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… Argued May 9, 2022 – Decided May 19, 2022 Before Judges Fasciale and Firko. 1 Incorrectly and … Newark's (City) Rule 4:6-2(e) motion to dismiss plaintiff's complaint. Judge Jeffrey B. Beacham entered the order and … adopted its own notice of claim form that plaintiff must complete and return with additional information and …
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… Submitted September 21, 2022 – Decided March 30, 2023 Before Judges DeAlmeida and Mitterhoff. On appeal from the … State, including "all 9-1-1 calls, police transmissions, computer aided dispatch ("CAD") recordings, [] transcripts … counsel was ineffective by failing to argue these and other points on direct appeal[]. E. The cumulative errors by …
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… DEPARTMENT), THOMAS BRYAN, KENNETH SCHRECK, INSTITUTE FOR FORENSIC PSYCHOLOGY, and COMPREHENSIVE PSYCHOLOGICAL SERVICES, P.A., … Salvatore D'Elia III argued the cause for respondent Comprehensive Psychological Services, P.A. (Lewis, Brisbois, …
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… Submitted October 25, 2022 – Decided December 23, 2022 Before Judges Gilson and Gummer. On appeal from the Superior … kidnapping was an independent crime from the murder and was committed at a different time and in a separate place from … v. ALABAMA, 567 U.S. 460, 471 (2012). SEE ALSO STATE v. COMER, 249 N.J. 359 (2022). THE RESENTENCING COURT SHOULD …
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… Argued October 4, 2022 – Decided October 13, 2022 Before Judges Geiger and Susswein. On appeal from the New Jersey Public Employment Relations Commission, PERC No. 2021-29. Jorge R. De Armas argued the … This appeal followed. The Board raises the following points for our consideration: POINT I THE COMMISSION'S …
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… NOT TO BE PUBLISHED WITHOUT APPROVAL OF THE COMMITTEE ON OPINIONS ISAAC MORADI Plaintiff, V. JUGOSLA V … M. Felsenstein, (Wells, Jaworski & Liebman, LLP, attorneys) for Movants/Third Party Bidder Michael R. Carnso, (Chiesa … to inspect for tenants on the property). USIC further points to case law where alleged encumbrances on a purchased …
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… Argued December 20, 2017 – Decided Before Judges Fuentes, Koblitz and Manahan. On appeal from … was not supported by credible and relevant evidence, nor comported with controlling law. We disagree and affirm. I. … [Matt]. II. On appeal, defendant raises the following points: 7 A-5296-15T2 POINT [I] THE TRIAL COURT ERRED IN …