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… conviction by a jury of: second- degree conspiracy to commit armed robbery, N.J.S.A. 2C:5-2 and 2C:15-1; first- … the arrest warrant, which was signed by a detective as the complainant and a sergeant who administered the oath, did … of reasonable diligence." Defendant raises the following points on appeal: POINT ONE – THE PCR COURT IMPROPERLY …
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… she "had forgot[ten] the gun was in [her] spare tires compartment so [she] put it in [her] book bag before … is a notarized statement and, under the circumstances, not competent evidence. It does not evince that it is under oath … 2021, defendant filed a timely pro se petition for PCR, accompanied by his certification and legal memorandum. The …
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… Defendant further asserted he had no intention of communicating with plaintiff, and there was no longer a need … the prior FRO trial transcript, wherein it found defendant committed harassment. Moreover, the court noted it had found defendant committed prior acts of domestic violence, including choking …
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… court record. Judge Guadagno issued an order and accompanying written opinion finding defendant guilty of DWI, … 382 (2015). 4 A-2836-21 "[T]he rule of deference is more compelling where . . . two lower courts have entered … evidence—as long as it is competent and meets the requisite standards of proof." State v. Ebert, 377 N.J. Super. 1, …
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… was unlikely to recur), nine (defendant was unlikely to commit another offense), eleven (excessive hardship), and …
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… in part. In September 2021, plaintiff filed a three-count complaint in the Law Division concerning real property … against plaintiff, and permitted defendants to answer the complaint.1 Defendants' answer and two-count counterclaim … provide that where the non-movant does not make the requisite response with supporting affidavits or certifications, …
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… that (i) counsel's assistance was not 'within the range of competence demanded of attorneys in criminal cases'; and … 16, 2016. Rule 1:3-1 provides, in pertinent part: In computing any period of time fixed by rule or court order, … to run is not to be included. The last day of the period so computed is to be included, unless it is a Saturday, Sunday …
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… found trial counsel's request for an investigation and a concomitant investigation report in the regional trial file. … them here except as necessary. We briefly review the apposite procedural history. Defendant's first PCR petition, …
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… pursuant to a plea agreement, to one count of conspiracy to commit possession with intent to distribute a controlled …
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… 4 A-3688-16T2 on the record in an oral decision and in an accompanying eleven-page written statement of reasons dated … attorney failed to advise him of the parole disqualifier component of his plea and to fully explain its consequences. … oral and written decisions. We add only the following comments. The standard for determining whether counsel's …
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… a block from [defendant's] home, could [defendant] please come get him." Defendant testified that Shipley "wasn't … TEMPERATURE ON THE DATE OF THE INCIDENT, GLEANED FROM A WEBSITE, AFTER 6 A-4065-16T4 THE DEFENDANT COMPLETED HIS CASE-IN- CHIEF, AND WITHOUT PROVIDING NOTICE …
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… in the indictment. In exchange, the State agreed to recommend that the court sentence defendant on the first … Act (NERA), N.J.S.A. 2C:43-7.2. The State also agreed to recommend that the sentences imposed by the court on the … held on February 28, 2014, defendant participated and communicated with the judge and his attorney through a …
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… ineffective, the Supreme Court has stated: PCR counsel must communicate with the client, investigate the claims urged by … PCR counsel had not even reviewed the file, based on comments to the court in oral argument that betrayed … on his brief at oral argument would have changed the outcome of Judge Paone's decision especially where, as here, …
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… This appeal followed. Defendant raises the following points on appeal: POINT I THE TRIAL COURT ERRED IN DENYING … PCR judge held, and we agree, that the brother's isolated comments about his personal feelings about defendant did not influence the outcome of the trial. As well, defendant's argument that the …
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… probability" that the deficient performance affected the outcome. Fritz, 105 N.J. at 58. The array of inadequate … N.J. 339, 380 (2012)). 5 A-5070-16T4 translator" when he completed the plea form. The judge further found that the … for second-degree possession of a weapon during the commission of a CDS-related offense, N.J.S.A. 2C:39-4.1(a) …
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… 41, 54 (1997)). Accordingly, a trial judge must deliver "a comprehensible explanation of the questions that the jury … guilty of aggravated criminal sexual contact if he [or she] commits an act of sexual contact with the victim under any … beyond a reasonable doubt: (1) that defendant purposely committed an act of sexual contact with the victim; (2) at …
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… of law, we affirm. On June 27, 2015, defendant was issued a complaint-summons for DWI in violation of N.J.S.A. 39:4-50. … of an ignition interlock for six months, and the requisite fines, fees, and costs. In this appeal, defendant … judge's legal conclusions. Manalapan Realty, LP v. Twp. Comm. of Manalapan, 140 N.J. 366, 378 (1995). Defendant …
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… "wanted to withdraw the charges." The prosecutor would not comply, and thereafter Flores attended each of defendant's …
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… are so manifestly unsupported by or inconsistent with the competent, relevant and reasonably credible evidence as to … we review it de novo. Manalapan Realty, LP v. Twp. Comm. of Manalapan, 140 N.J. 366, 378 (1995). Both parties … the trial involved the only remaining count of an amended complaint alleging fraud in the inducement. That allegation …
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… evaluations with Arnold. Based upon his review, Dr. Lee recommended that adoption by the resource parents was … with that incident. Defendants did not present any competing expert witnesses at trial. The Law Guardian for … To the extent we have not commented on any remaining points raised on appeal by defendants, they lack sufficient …