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- A-0444-19 Opinionnjcourts.gov… 2C:35-10(a)(1), in the second. Pursuant to the negotiated plea and the requirements of the Graves Act, N.J.S.A. … In a timely pro se PCR petition, defendant alleged plea counsel rendered ineffective assistance (IAC). He … Judge Jacobs further explained that "[i]n the context of plea agreements," a defendant must not only demonstrate …
- A-3512-19 Opinionnjcourts.gov… for post-conviction relief (PCR). He argues that his plea counsel failed to fully advise him of the immigration consequences of his guilty plea and the possibility of an assertion of self-defense. … defendant understood the immigration consequences of his plea and he presented no facts suggesting that he could have …
- njcourts.gov… conclusion of the hearing, in the presence of defendant, plea counsel withdrew the pending motion. 1 Issued in July … the record defendant's spouse pled guilty to a negotiated plea agreement with the State and is not a party to this … asserted, during discovery, the State disclosed a May 2020 email between a Hudson County Prosecutor's Office detective …
- njcourts.gov… Defendant argued such advice caused him to reject plea offers he otherwise might have taken and instead … years to life. The pretrial memorandum noted that the plea offer made to defendant was "18 @ 85%," and that, … circumstances, the filing of the memorandum ended all plea negotiations. The PCR court found defendant's claim he …
- STATE OF NEW JERSEY VS. JAHMAI S. JAMES (15-06-0195, ESSEX COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… DEFENDANT RECEIVED INEFFECTIVE ASSISTANCE OF COUNSEL AT THE PLEA AND SENTENCING REGARDING HIS IMMIGRATION CONSEQUENCES. … analyze the PCR petition under the test for 3 A-4613-18T4 plea withdrawal instead of the Strickland-Fritz standard,1 … his PCR petition with a certification averring his plea counsel knew he was born in Jamaica; counsel never …
- STATE OF NEW JERSEY VS. JULIO FREZA (12-07-0563, SOMERSET COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… status, we will recite at length the parts of the plea hearing that are relevant to this issue. 3 A-2390-16T4 Defendant's native language is Spanish. At the plea hearing held on February 28, 2014, defendant … of his attorney, defendant completed the standard plea form approved by the Administrative Office of the …
- A-4613-18T4 Opinionnjcourts.gov… DEFENDANT RECEIVED INEFFECTIVE ASSISTANCE OF COUNSEL AT THE PLEA AND SENTENCING REGARDING HIS IMMIGRATION CONSEQUENCES. … analyze the PCR petition under the test for 3 A-4613-18T4 plea withdrawal instead of the Strickland-Fritz standard,1 … his PCR petition with a certification averring his plea counsel knew he was born in Jamaica; counsel never …
- A-3601-16T4 Opinionnjcourts.gov… Defendant argued such advice caused him to reject plea offers he otherwise might have taken and instead … years to life. The pretrial memorandum noted that the plea offer made to defendant was "18 @ 85%," and that, … circumstances, the filing of the memorandum ended all plea negotiations. The PCR court found defendant's claim he …
- A-2390-16T4 Opinionnjcourts.gov… status, we will recite at length the parts of the plea hearing that are relevant to this issue. 3 A-2390-16T4 Defendant's native language is Spanish. At the plea hearing held on February 28, 2014, defendant … of his attorney, defendant completed the standard plea form approved by the Administrative Office of the …
- njcourts.gov… conclusion of the hearing, in the presence of defendant, plea counsel withdrew the pending motion. 1 Issued in July … the record defendant's spouse pled guilty to a negotiated plea agreement with the State and is not a party to this … asserted, during discovery, the State disclosed a May 2020 email between a Hudson County Prosecutor's Office detective …
- STATE OF NEW JERSEY VS. LUIS A. DIAZ (13-04-0589, BERGEN COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… HE FAILED TO RECEIVE ADEQUATE LEGAL REPRESENTATION FROM PLEA COUNSEL. A. Plea Counsel Failed in her Duty to Protect Defendant's Legal … Before sentencing, defendant moved to withdraw his guilty plea, which was denied. The court sentenced defendant to a …
- A-2353-19 Opinionnjcourts.gov… HE FAILED TO RECEIVE ADEQUATE LEGAL REPRESENTATION FROM PLEA COUNSEL. A. Plea Counsel Failed in her Duty to Protect Defendant's Legal … Before sentencing, defendant moved to withdraw his guilty plea, which was denied. The court sentenced defendant to a …
- njcourts.gov… claims that, well before trial, the State extended a plea offer to defendant, the terms of which were as follows. In exchange for pleading guilty to first-degree aggravated sexual assault, … the offer, advising he should hold out for a better plea arrangement. Swayed by his attorney's advice, defendant …
- A-0139-16T1 Opinionnjcourts.gov… claims that, well before trial, the State extended a plea offer to defendant, the terms of which were as follows. In exchange for pleading guilty to first-degree aggravated sexual assault, … the offer, advising he should hold out for a better plea arrangement. Swayed by his attorney's advice, defendant …
- njcourts.gov… given a longer prison term than the recommendations in his plea agreements. The sentencing court did not follow the … for sentencing he might lose the benefit of the State's plea recommendations and at the sentencing, when he was told … recommendations, he did not ask to withdraw his guilty pleas. Accordingly, we also affirm his sentence. I. The …
- A-5134-17T1 Opinionnjcourts.gov… given a longer prison term than the recommendations in his plea agreements. The sentencing court did not follow the … for sentencing he might lose the benefit of the State's plea recommendations and at the sentencing, when he was told … recommendations, he did not ask to withdraw his guilty pleas. Accordingly, we also affirm his sentence. I. The …
- STATE OF NEW JERSEY VS. DWAYNE J. JOHNSON (16-09-2582, ESSEX COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… withdrew the motion. Subsequently, defendant agreed to plead guilty to possession of CDS with a recommendation of … in the county jail as a condition of probation. During the plea hearing, defendant testified he freely and voluntarily agreed to enter a plea, understood the plea offer, discussed the plea offer …
- njcourts.gov… On February 18, 2015, defendant negotiated a comprehensive plea agreement with the State that resolved the charges in … (continued) 3 A-0347-18T4 Defendant agreed to plead guilty to count two of Indictment 14-10-0838- I, which … months of parole ineligibility. Defendant agreed to plead guilty to count three of Indictment 14-09-0774-I, …
- STATE OF NEW JERSEY VS. DANIEL DEHAVEN (11-06-0684, MORRIS COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… with $380,000 in fines. However, in return for defendant's plea, the State agreed to recommend the imposition of an … and the dismissal of the other charges. During the plea colloquy, defendant testified he was satisfied with the … an aggregate fifteen- year term as contemplated in his plea agreement. According to defendant's pre-sentence …
- STATE OF NEW JERSEY VS. GREGORY KAROL (18-17, BURLINGTON COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… NOVO RULE THAT DEFENDANT RECEIVED INEFFECTIVE ASSISTANCE OF PLEA COUNSEL, GIVEN THE DEFICIENT PERFORMANCE AND PREJUDICE. … defendant appeared before the municipal court and agreed to plead guilty to DWI. Prior to taking defendant's plea, the municipal court judge advised him of the enhanced …