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… the trial court in its oral decision. We add the following comments. An investigatory stop "occurs during a police … Tucker, 136 N.J. 158, 168 (1994) (concluding flight, when combined with other evidence of criminal activity, can …
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… light-industrial (L-I) zone, where single-family uses and commercial pet-grooming facilities are not permitted. In … writs in the Law Division. In counts one and two of the complaint, plaintiffs sought a judgment invalidating the … summary judgment to defendants on counts one and two of the complaint. The order noted that plaintiffs had voluntarily …
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… agreement to extend credit and provide a financial accommodation for the payment of G&Y's indebtedness. In a … ENTERED IN FAVOR OF DEFENDANTS. POINT III THE TRIAL COURT COMMITTED REVERSIBLE ERROR BY PERMITTING TESTIMONY RELATED … interpretation of the law. Manalapan Realty, L.P. v. Twp. Comm. of Manalapan, 140 N.J. 366, 378 (1995). We reject …
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… we thus begin by discussing the merits of that claim before commenting on the petition's timeliness. To prove … "Indeed, 'it is essential to elicit from the defendant a comprehensive factual basis, addressing each element of a … 415, 421 (1989) (quoting Fed. R. Crim. P. 11(f) advisory committee's note to 1966 amendments). "Because a guilty plea …
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… CONDUCT BY THE PROSECUTOR DURING THE TRIAL AND CERTAIN COMMENTS DURING SUMMATION WERE GROSSLY PREJUDICIAL AND … IT WAS ERROR FOR THE COURT TO FAIL TO CHARGE THE JURY ON ACCOMPLICE TESTIMONY. II. THE ADMISSION OF GRUESOME … AS A RESULT OF TRIAL COUNSEL'S FAILURE TO THOROUGLY AND COMPREHENSIVELY REVIEW ALL ASPECTS OF A PROPOSED PLEA …
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… R.1:36-3. May 23, 2017 2 A-5770-14T1 with conspiracy to commit second-degree aggravated assault, N.J.S.A. 2C:5-2 and … (1967). 2 The record does not reflect the Wade hearing was completed. 3 A-5770-14T1 counts one through four against … for a temporary remand to reconstruct the record and to complete the Wade proceedings; however, he later withdrew …
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… a cross-motion. She sought to sanction defendant until he complied with the court's prior order by providing proof … made to him or to reveal the value of the assets, their income production or 7 A-5753-14T1 income producing potential, … disputes without hearing testimony. For example, defendant points to several instances in the court's statement of …
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… year custodial term. Defendant has appealed. He argues two points: POINT ONE THE TRIAL COURT ERRED WHEN IT DENIED … Defendant received 207 days of jail credit, and the judge recommended defendant be considered for entry into the … means of distributing it for ingestion. Trooper Stafford recommended a further search of the Honda. During the ensuing …
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… they claim represented net proceeds from the sale of a commercial property a dozen years before Li's involvement, … filed against Li. Following the filing of a formal complaint, a special master was appointed who held four days … the special master submitted a twenty-three-page report recommending Li's disbarment. The special master concluded by …
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… been robbed in the past while buying drugs. After defendant completed the transaction, he heard someone screaming. … that he thought Guzman was trying to trick him into coming to see her, so he hung up the phone. Defendant then … her up, and told her they had to leave because Guzman might come looking for him. After buying food and liquor along the …
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… whether to hold an evidentiary hearing on a PCR petition is committed to the sound discretion of the PCR judge. State v. … a probability sufficient to undermine confidence in the outcome." Ibid. (quoting Strickland, 466 U.S. at 694). Indeed, … to significantly worse consequences. Indeed, as the State points out, although defendant was not eligible under …
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… the pertinent facts from the trial record. Acting on complaints of drug activity in a local park, Edison Police … for a violation of probation, having found defendant committed the present offenses while he was serving a term … It wasn’t dried out. It was – it looked like it had just come off a plant recently. To support his argument this …
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… observed a person, who was later identified as defendant, "coming between two cars that were parked on the side of … defendant to put his cell phone down, but defendant did not comply. Salhanek was concerned defendant was attempting to … approximately one hundred gun investigations and the most common areas where handguns are stashed are in the "front …
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… Instead, on his own motion, the judge determined that he committed prejudicial error during the trial by not … a "probability sufficient to undermine confidence in the outcome" of the proceeding. [State v. O'Neil, 219 N.J. 598, 611 … or contradictory; 2) that the evidence was discovered after completion of the trial and was 'not discoverable by …
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… appeal from four orders3 cumulatively dismissing the complaint pursuant to Rule 4:6- 2(e) against the Borough of … order and to dismiss counts one, two, three, and six of the complaint pursuant to Rule 4:6-2(e); and an August 23, 2013 order denying plaintiffs' motion to amend the complaint. As to defendant Angela Orozco, plaintiffs appeal …
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… near the scene. DNA recovered from the jacket and cap was compared to a DNA sample obtained from defendant. The … turn our attention to defendant's argument that the judge committed reversible error by failing to define the elements … 281, 287 (1981), and "'erroneous instructions on material points are presumed to' possess the capacity to unfairly …
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… was not informed that his plea might subject him to civil commitment under the Sexually Violent Predator Act (SVPA), … been advised that he was subject to potential civil commitment under the SVPA. I Defendant seeks to withdraw a … was informed that his conviction could subject him to civil commitment under the SVPA. On February 27, 2004, defendant …
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… Defendant-Respondent, and TRAVELERS INSURANCE COMPANY, Defendant. ____________________________ IN THE … further asserts the motion judge engaged in an ex parte communication with respondent Acosta. Because respondents … order, without including Mescall, constituted an ex parte communication in violation of Rule 1:2-1. On August 10, …
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… attorneys for intervenor- respondents Bil-Jim Construction Company and Maple Lake, Inc. (Naomi D. Barrowclough, on the … in the federal action," after which discovery could be revisited if necessary. He also concluded CrowderGulf's and … basis of the court's liability holding here. As the State points out, the court dismissed CrowderGulf's claim for …
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… _________________________________ 1 The complaint was originally filed by Dorothy Patterson, … of decedent's estate. In the interim between the complaint's filing and this appeal, plaintiff was appointed … same standard as the motion judge and consider "whether the competent evidential materials presented, when viewed in the …