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njcourts.gov
… pled guilty to kidnapping and robbery. The State recommended an aggregate of eighteen years' imprisonment, … affidavit. Now on appeal, defendant raises the following points: POINT I THE PCR COURT ERRED IN RULING THAT THE CLAIM … reasonable probability must "undermine confidence in the outcome." Pierre, 223 N.J. at 583 (quoting Strickland, 466 U.S. …
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njcourts.gov
… was entitled to an evidentiary hearing as to whether the outcome of the trial would have been different had counsel not … petition. Defendant now appeals, raising the following points for our consideration: POINT I THE [PCR] COURT ERRED … testimony did little to convince the [c]ourt that the outcome of the trial would have been different, the manner of …
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njcourts.gov
… make a right turn at a stop sign without appearing to come to a full stop. The officer activated his lights and … the court's denial of PCR, defendant raised the following points: 1 A different judge had presided over the jury … and well supported by the record. We add only a few brief comments. "Post-conviction relief is New Jersey's analogue …
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njcourts.gov
… merit and thus not capable of having affected the outcome of the appeal. The judge further rejected defendant's … STATE CANNOT PROVE THE ESSENTIAL ELEMENTS IN THE COURSE OF COMMITTING A THEFT AND SHARED INTENT AND NOT KNOWINGLY COMMITTING COUNT 2 THE INTENT TO COMMIT THE THEFT DURING OR …
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njcourts.gov
… Judge Michele M. Fox heard oral argument, and then placed a comprehensive oral decision on the record. The judge … This appeal followed. Defendant presents the following points of argument: POINT I THE PCR COURT SHOULD HAVE HELD … in Judge Fox's cogent oral opinion. We add the following comments. II "A petitioner must establish the right to …
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njcourts.gov
… the ineffectiveness of trial counsel in the following two points: POINT ONE THE PCR COURT ERRED WHEN IT FAILED TO …
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njcourts.gov
… first-degree robbery, N.J.S.A. 2C:15- 1. These crimes were committed against three separate victims in a span of less … hearing. On appeal, defendant argues the following points: POINT ONE MR. FALLETTA IS ENTITLED TO AN EVIDENTIARY … cogent opinion of Judge Ryan. We add the following brief comments. We review the legal conclusions of a PCR court de …
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njcourts.gov
… forth in Rule 3:22. Second or subsequent PCR petitions must comply with the requirements of Rules 3:22-4(b) and …
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njcourts.gov
… as untimely. 4 A-3280-21 illegal because of its severity as compared to lesser sentences statutorily authorized for his … (App. Div. June 15, 2015)]. In his written decision that accompanied the May 27, 2022 order denying defendant's present … written opinion. R. 2:11-3(e)(2). We add only the following comments. Rule 3:22-4(b) places strict limitations on second …
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njcourts.gov
… while incarcerated at SWSP, purchased a television from the commissary. In July 2023, he was transferred to Bayside … investigator detailed his conclusion as follows: Outgoing/Incoming Property Inventory sheets between SWSP and BSP reveal … item remaining at SWSP. Based on the above information, I recommend dismissal of this claim at BSP and leave the …
njcourts.gov
… JERSEY APPELLATE DIVISION DOCKET NO. A-3346-23 SUSAN OCHS, COMMISSIONER, NEW JERSEY DEPARTMENT OF BANKING AND … sections of a May 22, 2024 final agency decision of the Commissioner of the Department of Banking and Insurance … counts two and three of the OTSC, raising the following points for our consideration: POINT I THE STATUTE OF …
njcourts.gov
… 1 NOT TO BE PUBLISHED WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS SUPERIOR COURT OF NEW JERSEY MERCER … police then prolonged the stop beyond the time necessary to complete the traffic mission, the “circumstances ‘g[a]ve … the two men’s driver’s license information on the on-board computer. Roughly five minutes later, he asked a dispatcher …
njcourts.gov
… MISPRESENTED THE TRUE NATURE OF THE INTERROGATION TO OVERCOME [DEFENDANT'S] EQUIVOCAL STATEMENTS ABOUT POSSIBLY 1 … [DEFENDANT] SHOOTING A GUN. POINT III THE TRIAL COURT COMMITTED REVERSIBLE ERROR WHEN IT ALLOWED THE JURORS TO … because the police "provid[ed] a deliberately vague and incomplete answer to his question as to the reason why he was …
njcourts.gov
… defendant further consented to the search of his home and computer equipment. Defendant was transported to his home. Two laptop computers and two cell phones were seized from the home. … both on direct and cross. He was not evasive, he conceded points on cross at times, [and] admitted his own oversights …
njcourts.gov
… may not have been summarized.) Continental Insurance Company v. Honeywell International, Inc. (A-21-16) (078152) … in the marketplace. In 2000, Continental Insurance Company (Continental) (which wrote many primary insurance … is inefficient or unrealistic, we will not hesitate to revisit” the allocation paradigm with its continuous-trigger …
njcourts.gov
… and records of investigations in progress, as well as the common law right of access. On September 16, 2014, a North … Bergenite filed requests for records under OPRA and the common law right of access. The records custodians gave … General directive relating to the use of dash-cams. NJMG points to general retention schedules to implement the …
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… 1 NOT TO BE PUBLISHED WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS SUPERIOR COURT OF NEW JERSEY LAW … by Mr. Garcia’s testimony to same. Defense counsel also points to Doe’s answers to interrogatories, deposition and … result of the childhood sexual abuse. Specifically, counsel points to Doe’s training in sexual abuse. Doe in no way …
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… 2:50 p.m. Months later, private lab testing revealed compounds related to heroin in defendant's bloodstream. On … would occasionally nod off or fall asleep, and at other points, she was active and emotional. He also noted … RESULTING IN AN EXCESSIVE SENTENCE. We address these points in the order presented. I. Defendant first argues her …
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… is limited. R. 1:36-3. 2 A-3687-20 TITLE RESOURCES GUARANTY COMPANY, Third-Party Defendant. … count seven, and count eight of plaintiff's third amended complaint; a January 4, 2021 order granting the Cicerale … is Reversed and Remanded the Appellate Court Must Revisit the in Limine Motion Order and Vacate it i. Open Space …
njcourts.gov
… C. Miller's supposedly furtive movements, and failure to comply with the commands of an officer — who suddenly appeared from behind … head," whom the informant knew to sell heroin and cocaine, "commonly . . . accompanied by a [different] female," would …