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… Submitted March 6, 2019 – Decided April 11, 2019 Before Judges Koblitz and Mayer. On appeal from Superior Court … ISSUE, THE REAL PROBLEM BEFORE THE PCR COURT WAS THE COMPLETE LACK OF COUNSEL AS TO THIS ISSUE ON DIRECT APPEAL. … errors created more than a "conceivable effect on the outcome of the proceeding." Strickland, 466 U.S. at 694. …
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… Submitted August 30, 2018 – Decided Before Judges Rothstadt and DeAlmeida. On appeal from Superior … the influence of alcohol; and (3) defendant refused to comply with the breathalyzer test by failing to produce … the influence of alcohol; and (3) defendant refused to comply with the breathalyzer test by failing to produce …
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… Argued November 14, 2018 – Decided Before Judges Yannotti and Rothstadt. On appeal from Superior … a search warrant. He requested a call back. Burzachiello accompanied defendant in the ambulance to the hospital. He … 2003, when he retired. He testified that THC is the active component of 3 Defendant had been prescribed lamotrigine and …
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… Argued November 28, 2018 – Decided Before Judges Nugent and Mawla. On appeal from Superior Court … Hattrich, appeal the summary judgment dismissal of their complaint against the State of New Jersey. Their complaint alleged, among other things, that a dangerous …
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… Submitted September 27, 2017 – Decided Before Judges Alvarez and Currier. On appeal from the Superior … new trial, arguing that the prosecutor made improper comments in both his opening statement and closing argument. … charged in the indictment with second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2, N.J.S.A. 2C:15- 1(b); four …
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… Submitted March 20, 2018 – Decided Before Judges Yannotti and Mawla. On appeal from Superior … three); second-degree possession of a firearm during the commission of a drug offense, N.J.S.A. 2C:39-4.1(a) (count … handgun were both operable. The manager of the apartment complex said that defendant was not a tenant on the lease, …
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… Submitted April 11, 2018 – Decided Before Judges Alvarez and Geiger. On appeal from Superior … in detail, the MCJ found Chukwunyere's testimony to be "compellingly credible, believable, and truthful." The MCJ … factors three, N.J.S.A. 2C:44-1(a)(3) (risk defendant will commit another offense), six, N.J.S.A. 2C:44-1(a)(6) (prior …
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… Argued May 9, 2018 – Decided May 25, 2018 Before Judges Currier and Geiger. On appeal from Superior … Daniel Rizzo appeals from an August 22, 2017 order compelling arbitration of his discrimination claims and … appeal followed. On appeal, plaintiff raises the following points: POINT I THE TRIAL COURT ERRED IN RULING THAT NEW …
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… Submitted January 8, 2019 - Decided Before Judges Accurso and Vernoia. On appeal from Superior … defendant provided no proof the prosecutor would have recommended him for PTI, rendering his claim no better than a … convictions not to establish that regardless of the outcome of this PCR, he would still have a deportable offense, …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … action in which the attorney sought, among other things, to compel the sale of the former marital home to satisfy her … asserting a cause of action for divorce; Diggs filed a complaint and Mills a counterclaim. A-2153-14T1 3 We derive …
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… Submitted January 31, 2017 – Decided Before Judges Fasciale and Gilson. On appeal from the Superior … (1) an October 24, 2014 order denying his application to compel his entry into the pre-trial intervention program … It is not the prior DUI convictions that are being revisited or enhanced with an additional penalty. Instead, the …
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… RESOLUTION FY2015R12(2). Argued April 5, 2017 – Decided Before Judges Alvarez, Manahan, and Lisa. On appeal from the … resolution by the New Jersey State Agriculture Development Committee, Resolution No. FY2015R12(2). Daniel L. Schmutter … . . 9 A-4379-14T1 On appeal, appellants raise the following points of error: ALL OF THE EVIDENCE IN THE RECORD SUPPORTS …
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… Submitted May 25, 2017 – Decided Before Judges Hoffman and O'Connor. On appeal from Superior … the State agreed to dismiss the remaining counts and recommend a sentence of up to twenty-five years of … 9 A-3605-15T1 diminished capacity and insanity. Defendant points to several facts in support of these arguments, …
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… Argued October 18, 2016 – Decided Before Judges Yannotti and Kennedy. On appeal from Superior … the denial of his admission to PTI. The State agreed to recommend a non-custodial sentence and the imposition of a … 2008 Directive regarding offenses committed by out-of-state visitors from states where their gun- possession conduct …
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… Submitted May 23, 2017 – Decided Before Judges Fisher and Vernoia. On appeal from the Superior … administered first aid and detected an odor of alcohol coming from defendant. Within fifteen to twenty minutes of … WAS NOT OBTAINED THROUGH CONSENT AND THE STATE CANNOT OVERCOME THE WARRANT REQUIREMENT THROUGH EXIGENCY []. POINT II …
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… Defendant-Respondent. Argued March 16, 2017 – Decided Before Judges Alvarez and Accurso. On appeal from the Superior … based on some knowledge, not a guess. Moreover, the comment followed a discussion with Ganci regarding Ganci's … specifically to address "unreasonable intrusions when it comes to suspicionless consent searches following valid …
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… Submitted November 15, 2017 – Decided Before Judges Fuentes and Manahan. On appeal from Superior … Presley to keep his hands in plain view. Presley initially complied, but again moved his hands as Scally spoke with the … numerous times to keep his hands stationary. Despite the command, Presley moved his hands from his knees to a bin in …
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… Submitted January 29, 2018 – Decided Before Judges Messano and O'Connor. On appeal from the New … Attorney General, on the brief). PER CURIAM W.G., civilly committed to the Special Treatment Unit (STU) pursuant to … A-0908-16T2 8 In his brief, W.G. clarifies his argument points to some extent. He contends his procedural due …
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… Argued December 11, 2017 - Decided Before Judges Messano, Accurso and O'Connor. On appeal from … Tribunal that because Chando's new employment with Genesis commenced eleven days after her voluntary resignation from … to such work" under N.J.S.A. 43:21-5. Taking Chando's points in inverse order, we have no hesitation in concluding …
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… Submitted May 6, 2019 – Decided May 24, 2019 Before Judges Sabatino and Susswein. On appeal from Superior … counts. Pursuant to the plea agreement, the State recommended a fifteen-year sentence for counts one and two, … in Judge Podolnick's written opinion. We amplify only a few points. Defendant's contention that his trial counsel was …