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… Submitted October 21, 2019 – Decided Before Judges Sabatino and Geiger. On appeal from the Superior … a woman who was in her vehicle waiting for friends to come out of the store. The police apprehended him before he … In his brief on appeal, defendant presents the following points for our consideration: POINT ONE THE PCR COURT ERRED …
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… Submitted October 3, 2019 – Decided October 31, 2019 Before Judges Alvarez and DeAlmeida. On appeal from the New Jersey Civil Service Commission, Docket No. 2018-1068. Alterman & Associates, … the ALJ's cogent initial decision. We also consider Smith's points of error to be so lacking in merit as to require …
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… Submitted October 2, 2019 – Decided Before Judges Sabatino and Sumners. On appeal from the … 23, 2018 hearing addressing the married parties' cross-complaints of harassment under the Prevention of Domestic … A-3329-17T1 arose that formed the basis of the their cross-complaints. After James was released from county jail,2 he …
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… Submitted October 30, 2019 – Decided Before Judges Whipple and Mawla. On appeal from the Superior … Super. 154, 170 (App. Div. 1999). PCR petitions must be "accompanied by an affidavit or certification by defendant, or … counsel's performance was deficient, are untethered to any competent evidence and therefore, defendant has failed to …
DCPP VS. J.O., H.J., F.T.A., R.K.M., AND K.H., IN THE MATTER OF O.S.J., J.T.O., M.O., M.O., AND B.O. (FN-21-0116-18, WARREN COUNTY AND STATEWIDE) (RECORD IMPOUNDED) - Unpublished
Opinions
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… November 22, 2019 – Decided January 14, 2020 Before Judges Sumners and Geiger. NOT FOR PUBLICATION WITHOUT … OF HARM AND OF IMMINENT RISK OF HARM WERE NOT SUPPORTED BY COMPETENT, RELEVANT AND CREDIBLE EVIDENCE. The Law Guardian … to proceed under a Title 30 termination of parental rights complaint. 4 A-1817-18T3 findings and legal conclusions …
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… Submitted January 15, 2020 – Decided Before Judges Whipple and Mawla. On appeal from the Superior … evaluate 3 A-3286-18T4 him to determine if he was mentally competent or suffered from diminished capacity. Defendant … denied defendant's petition. Regarding the mental health, competency, and alleged diminished capacity, the judge …
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… Submitted February 12, 2020 – Decided Before Judges Fuentes and Mayer. On appeal from the Superior … to ensure defendant was informed of the potential of civil commitment under the Sexually Violent Predator Act, N.J.S.A. … and sixteen. Defendant is required to submit "sufficient competent evidence" to satisfy the standards for relaxing …
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… Submitted March 3, 2020 - Decided April 9, 2020 Before Judges Accurso and Gilson. On appeal from Superior … unlawful purpose, N.J.S.A. 2C:39-4(a)(2), and the State's recommendation of a three-year prison sentence with one year … that the offense to which defendant pleaded guilty did not come under the Graves Act.1 The prosecutor explained the …
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… Submitted April 28, 2020 – Decided May 12, 2020 Before Judges Gilson and Rose. On appeal from the Superior … of the remaining charges: second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2 and 2C:15-1; and … R. 2:11-3(e)(2). We therefore affirm, adding only a few comments. We agree with the parties that the summonses were …
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… Submitted May 28, 2020 – Decided June 18, 2020 Before Judges Alvarez and Suter. On appeal from the Superior … term of twenty years for first- degree conspiracy to commit murder on a second victim, N.J.S.A. 2C:5-2 and … 2C:39-5(b), to be served consecutively to the conspiracy to commit murder.1 His convictions and sentence were affirmed. …
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… Submitted September 14, 2020 – Decided Before Judges Fasciale and Rothstadt. On appeal from the … the party and the declarant were participating in a plan to commit a crime . . . and . . . made [it] in furtherance of … evidence of defendant's participation in a conspiracy to commit the crimes." Ibid. If so, "defendant's conviction …
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… Submitted November 16, 2020 – Decided Before Judges Fasciale and Rothstadt. On appeal from the … Support Services. Fusco & Macaluso Partners, LLC, attorney for appellant (Amie E. Dicola, on the brief). Gurbir S. … THE AMPLE DOCUMENTATION SUPPLIED BY . . . WARNOCK AND THE COMPLETE LACK OF ANY BASIS TO SUPPORT THE DENIAL OF THE …
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… Submitted November 30, 2020 – Decided NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … as a tenant. Although Cao is named as a defendant in the complaint, the judgment was entered in favor of Shang only. … On or about December 13, 2018, Central Jersey filed a complaint in the Special Civil Part alleging Shang vacated …
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… Submitted March 22, 2021 – Decided April 9, 2021 Before Judges Fasciale and Rothstadt. On appeal from the … 17-03-0042. Joseph E. Krakora, Public Defender, attorney for appellant (Phuong V. Dao, Designated Counsel, on the … a probability sufficient to undermine confidence in the outcome." Id. at 694. "[I]f counsel's performance has been so …
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… Submitted March 15, 2021 – Decided June 30, 2021 Before Judges Mayer and Susswein. On appeal from the Superior … se. Camelia M. Valdes, Passaic County Prosecutor, attorney for respondent (Mark Niedziela, Assistant Prosecutor, of … TO INEFFECTIVE ASSISTANCE OF APPELLATE COUNSEL, FAILURE TO COMMUNICATE WITH APPELLANT [AND] DILIGENTLY REVIEW TRIAL AND …
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… STATE OF NEW JERSEY, Plaintiff-Respondent, v. DAVID COMPANIONI, Defendant-Appellant. ________________________ … Submitted April 19, 2021 – Decided August 9, 2021 Before Judges Suter and Smith. On appeal from the Superior … cases is limited. R. 1:36-3. 2 A-2232-19 Defendant David Companioni appeals from the November 21, 2019 Law Division …
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… Submitted September 16, 2020 – Decided August 6, 2021 Before Judges Fuentes and Firko. On appeal from the Superior … assistance of counsel: The petitioner asserts these shortcomings prejudiced his case; however, he has failed to … assistance of counsel outside the scope of professional competent assistance. Therefore his claim of ineffective …
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… Submitted October 21, 2021 – Decided November 3, 2021 Before Judges Haas and Mawla. On appeal from the Superior … for a final extreme risk protective order (FERPO) that compelled D.J. to surrender his firearms. We affirm. NOT FOR … replied affirmatively both times. Because the court fully complied with the requirements of the Directive, D.J.'s …
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… Submitted April 28, 2022 – Decided June 2, 2022 Before Judges Mawla and Alvarez. On appeal from the Superior … Yes. . . . . 3 A-1687-19 Q. Did you have a full and complete opportunity to discuss the charge against you and … "must be satisfied from the lips of the defendant that he committed the acts which constitute the crime." Id. at 406 …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … of the grand jury minutes. Defendant's reply included a computer aided dispatch (CAD) report. In an order dated … for reconsideration. In an order dated November 22, 2017, accompanied by a letter-opinion, the trial judge denied the …