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RECORD IMPOUNDED SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2731-21 STATE OF NEW JERSEY, Plaintiff-Respondent, v. BERNARDO CHAVEZ- PADILLA, Defendant-Appellant. _______________________ Submitted September 26, 2023 – Decided November 3, …
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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 … trial court denied plaintiff's motion because it failed to comport with Rule 4:46-2(a) by neglecting to attach a …
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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. …
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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 … GLEANED FROM A WEBSITE, AFTER 6 A-4065-16T4 THE DEFENDANT COMPLETED HIS CASE-IN- CHIEF, AND WITHOUT PROVIDING NOTICE … it is plain defendant did not establish the elements of common- law necessity, which are: (1) There must be a …
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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. … 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 …
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… defendant with various offenses arising from burglaries committed on March 25, 1997, a robbery and murder committed on March 30, 1997, and the unlawful possession of … jury found defendant guilty of third-degree conspiracy to commit burglary and theft, N.J.S.A. 2C:5-2, 2C:18-2, …
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… verification of [AA/NA] meetings, sponsor, home group and commitment," and failing to make any payment toward his … defendant offer any excuse for not reporting his ongoing compliance with treatment to the probation department. After … failure to inform the probation department of his treatment compliance. Affirmed. … STATE OF NEW JERSEY VS. ANDRON L. …
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… got a sentence for each disorder. And, again, I have to compare and contrast that to the TASC evaluator's report, … 141 (App. Div. 2011) (quoting Manalapan Realty, LP v. Twp. Comm. of Manalapan, 140 N.J. 366, 378 (1995)). "A trial … Court judge is not bound by a substance abuse evaluator's recommendation for in-patient drug treatment, the evaluation …
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… and First Indictment was thirteen years. After defendant completed his sentence on the Accusation, he was required to … System, and Inmate Grievance Forms are "utilized to address complaints and/or grievances," and are "used as a second … and First Indictment. On August 15, 2017, the DOC completed an "Additional/Amended Sentence Check Sheet" and …