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… found guilty of the first-degree crimes of conspiracy to commit murder and leader of a narcotics trafficking network. … FAILURE TO DISCLOSE THAT HIS DAUGHTER WAS CHARGED WITH COMMITTING A DRUG OFFENSE VIOLATED DEFENDANT'S SIXTH … asked if he or any member of his family had been accused of committing a crime, and he gave no response. Defendant …
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… Id. at 5. The trial judge expressed dismay with the comment, asserting that it was improper for an opening … to instruct him again. Ibid. We determined that the judge's comments in the jury's presence were inappropriate. Id. at 8. We concluded, however, that the comments did not deprive defendant of a fair trial given the …
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… endangering the welfare of a child by distributing, on a computer, a photo of a child engaged in a sexual act. … Internet Provider (IP) address and served a subpoena upon Comcast Communications, the pertinent internet service provider …
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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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… 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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… rights. We agree and reverse. This case has a complicated procedural history, which we must set forth in … to set aside the $5,000 payment to the Victims of Crime Compensation Board. After the trial court dismissed … heard the motion to correct the sentence, defendant had completed service of the entire five-year concurrent …
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… before Judge Bernard DeLury, Jr. The State agreed to recommend a ten year term of imprisonment, 1 Miranda v. … defendant's argument that he lacked an interpreter during communications with counsel, noting defendant acknowledged … show "(i) counsel's assistance was not 'within the range of competence demanded of attorneys in criminal cases'; and …
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… that he would be subject to Megan's 3 A-2576-15T2 Law and community supervision for life (CSL) by virtue of his guilty … he understood that "[i]f incarcerated as a repetitive and compulsive sexual offender, you may be subject to . . . … under Megan's Law. To the contrary, as the State correctly points out, it is well-established that "the Legislature is …
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… defendant was convicted of second-degree conspiracy to commit robbery (count one) and fourth-degree resisting …
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… by auto, N.J.S.A. 2C:12-1(c)(1).1 The State agreed to recommend an aggregate sentence of ten years' imprisonment as … The judge also noted prior suspensions of defendant's commercial driver's license resulting from his failure to … reasonable and should be affirmed unless it does not comply with the sentencing code). The plea agreement here …
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… the May 7, 2021 order denying their order to show cause to compel the production of records and dismissing their complaint. In light of the principles espoused in our … (1) Copies of cancelled checks and invoices used to settle complaints that were filed against your police department in …
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… did not settle. On January 20, 2017, plaintiffs filed a complaint against defendants alleging: 1) breach of … claim that the agreed quote was $557,160 in their complaint[] but did not appear [and] hence did not testify. …
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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 at oral argument that betrayed … counsel that were not argued that would have changed the outcome of Judge Ryan's decision. See Webster, 187 N.J. at 257. …
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… assistance of counsel (IAC) "due to counsel's fail[ure] to communicat[e]." In an unsigned certification, defendant … supporting brief, defendant argued his attorney failed to communicate and "review discovery with [him]" to assist "in … State v. Fritz, 105 N.J. 42, 49-53 (1987), or that the outcome would have been different without the purported …
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… was ordered despite being discussed. 4 A-5302-18T4 the outcome. The record contains no indication if defendant was … a 'defendant . . . fair proceedings leading to a just outcome' or when 'inadvertent errors mistakenly impacted a …
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… (count six); second-degree possession of a handgun while committing a drug offense, N.J.S.A. 2C:39-4.1(a) (count 3 … eight). In exchange for his plea, the State agreed to recommend an aggregate sentence of fifteen years' … argued his trial counsel was ineffective for failing to communicate, review discovery, or consult with him during …
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… Peters appeals from an August 2, 2019 order dismissing her complaint against defendants Thomas K. John, M.D., Justin … claim sounded in professional medical malpractice; (2) the common knowledge exception did not apply, and an affidavit … Following the surgery, plaintiff returned to Dr. John and complained about "excruciating pain in her left knee." Dr. …
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… from the June 7, 2019 summary judgment dismissal1 of their complaint against defendants Greater Egg Harbor Regional … tests" and kept Yanni from practice that day as well, recommending that he see a physician. While at an off-site … is terribly wrong with a society in which the most commonly-accepted aspects of play—a traditional source of a …