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A-1262-24 Briefs
Briefs
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… with one count of Possession of a Weapon During the Commission of a CDS Offense (Second Degree), a violation of … observations occurred close in time to the crime being committed. When Hemple arrived he observed individuals … quickly if approached by law enforcement. So its been a common trend lately. (T58-2 to 10) AMENDEDFILED, Clerk of …
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… served, resulting in the administrative dismissal of the complaint against her. NOT FOR PUBLICATION WITHOUT THE … in December 2022. 6 Vincent suffered from other maladies, which need not be detailed to resolve this appeal. 7 … to challenge a placement under the IDEA, administrative remedies must be exhausted "before filing an action seeking …
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… would have to file] a separate motion supplemented by a completed [Case Information Statement (CIS)] from both … child support purposes given the nature of [p]laintiff's income stream outside of W-2 income." Defendant's motion … Rule 5:5-3 still applied. And although, as plaintiff points out, the financial statement defendant provided when …
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… who was yelling for help with her hands up and blood coming down her face. The police detained defendant and … appeal followed. On appeal, defendant raises the following points for our consideration: POINT I [DEFENDANT] IS … THAT THE COMBINATION OF THE TWO ERRORS COMPLAINED OF IN POINTS ONE AND TWO 7 A-3876-21 CREATED CUMULATIVE ERROR …
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… with anything. They said they did not. Ortiz heard rustling coming from behind an area of shelving in the garden center. … not want anyone else to buy them. Ortiz asked defendant to come out from behind the shelving, but he did not move until … N.J.S.A. 2C:12-1(b)(1); fourth-degree conspiracy to commit shoplifting, N.J.S.A. 2C:5-2(a)(1) and N.J.S.A. …
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… or believing portions of both, or, indeed, believing both completely, the defenses are not mutually exclusive." Ibid. … factors found by the sentencing court were not based upon competent and credible evidence in the record; or (3) "the … factors found by the sentencing court were based on competent and credible evidence in the record. The range for …
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… for post-conviction relief (PCR). We affirm. Defendant committed the underlying offenses when he was sixteen-years- … these circumstances constituted excusable neglect to overcome the time bar. For the first time, defendant also … testify he had been bullied. Defendant raises the following points on appeal: POINT I – THIS COURT SHOULD REVERSE THE …
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… during the marriage in 1999. He reported a minimal income from the business, which did not correspond with the … lifestyle. Plaintiff testified she believed defendant's income to be much greater than he reported due to substantial unreported cash income. She testified a "considerable amount" of defendant's …
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… v. UPPER TOWNSHIP ZONING BOARD OF ADJUSTMENT, PAUL DIETRICH, MUNICIPAL ENGINEER, and DEAN MARCOLONGO, BOARD … Holts") appeal the Law Division's order dismissing their complaint without prejudice against defendants Upper … Zoning Board of Adjustment (the Board), Board Engineer Paul Dietrich, and Board Solicitor Dean Marcolongo. Defendants …
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… October 22, 2018 order of the Law Division dismissing his complaint in lieu of prerogative writ challenging the … to permit plaintiff to exhaust his administrative remedies before the Board. The court ordered that "[w]ithin 20 … writ complaint to permit plaintiff to exhaust his remedies before the Board. According to Rule 4:69-5, an action …
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… M. MAREY, Defendant, and NEW JERSEY MANUFACTURERS INSURANCE COMPANY, Defendant-Respondent. … on the brief). PER CURIAM This case involves litigation commencing after the settlement of a personal injury … 5 A-0602-19T3 On appeal, plaintiff raises the following points for this court's consideration: POINT I THE RELIEF …
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… TO THE MOTION COURT THERE WOULD HAVE BEEN A DIFFERENT OUTCOME TO THE MOTION TO SUPPRESS. POINT TWO: THE FAILURE OF … to sustain a prima facie claim of ineffective assistance or compel the need for additional fact- finding. Because an … prima facie case that there would have been a different outcome if they were presented. In fact, although Peterson …
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… AND DESIGNATION OF REGIONAL CENTER, CORE AND NODE COMMUNITY DEVELOPMENT BOUNDARIES FOR COASTAL PLANNING AREAS … from the February 4, 2019 final agency decision of the Commissioner, Department of Environmental Protection (DEP), accepting the State Planning Commission's (SPC) January 16, 2018 endorsement of changes …
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… identity. Although it was dismissed, the first count of the complaint alleges sexual abuse of a minor. Initials would be … Approximately six months later, Bell filed a third-party complaint naming Asatrian and his firm as defendants, along … just indicated. On appeal, Asatrian raises the following points: POINT I THE TRIAL COURT ERRED IN PERMITTING …
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… abuse scenario and closure"), and the [Child Sexual Abuse Accommodation Syndrome] CSAAS . . . . She explained that it is … and experience, she explained that a victim often becomes loyal to an alleged perpetrator, and that the severity … to complete retroactivity. Defendant raises the following points on this appeal: POINT I — THE PCR COURT ERRED AS A …
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… 2C:39-4(a)(1) (count six). He testified he and an accomplice entered a home with the purpose of robbing the … ineligibility on count six. Defendant raises the following points on appeal: POINT I: A PLENARY HEARING IS REQUIRED TO … the plea's provisions permitted his release for surgery. He points out that the deleted language was not initialed and …
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… later found at the scene of defendant's arrest was compatible with the murder weapon. As Talley drove away, he … turned over. Now on appeal, defendant raises the following points: POINT I THE PCR COURT ERRED BY DENYING [DEFENDANT'S] … counsel. That claim, which implicates defendant's first two points, lacks merit. A defendant pursuing an ineffective …
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… without an evidentiary hearing. Defendant raised several points, including his trial counsel's alleged failure to … and the "prejudice created by the resulting failure to communicate the State's final plea offer" was not previously … [R. 3:22-4(b)(2).] To support defendant's PCR claim, he points to this court's decision reversing the denial of …
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… on different dates. The substances were either heroin or a combination of heroin and fentanyl. The jury was unable to … with the logo "Head Games." On December 10, 2016, Reed accompanied Joseph Robinson to buy heroin from defendant. … of drug possession. We address defendant's first three points of error in tandem as they would only be relevant had …
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… considered defendant's contentions and rendered a comprehensive seventeen-page written decision, on which we … 2013, defendant was charged with first-degree conspiracy to commit murder, N.J.S.A. 2C:5-2(a) (count one); first-degree … supplemental letter brief, defendant raises the following points, which we renumbered: POINT [II] DEFENDANT SENTENCED …