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- njcourts.gov… sorry for raping you and . . . if I promise to never . . . come back 1 To establish ineffective assistance of counsel, … appealed his conviction and sentence arguing the court's "incomplete and confusing jury instructions deprived [him] of … appeal followed in which defendant raises the following two points: POINT I AS DEFENDANT HAS MET HIS BURDEN TO SHOW A …
- njcourts.gov… from an order denying their motion to amend their complaint to add an individual defendant, E. Stephen Kirby, … The 1925 Plan does not expressly provide for easements or points of access from the individual lots to the NBA beach. … its position that plaintiffs do not have an easement. NBA points out that there is no document that gives plaintiffs …
- A-1042-23 – STATE OF NEW JERSEY VS. ROBERT D. KEITH (17-12-1387, MIDDLESEX COUNTY AND STATEWIDE) Opinionnjcourts.gov… checks on his employer's business accounts and using company credit cards without permission. A Middlesex County … In exchange for defendant's guilty plea, the State recommended a ten-year prison term with a four-year parole … PCR application. On appeal, defendant raises these points for our consideration: POINT I. COUNSEL AT THE REMAND …
- njcourts.gov… sentence on count five. Defendant raises the following points for our consideration on appeal: 1 Because this case … defendant on her cell phone. Defendant told Ellen he was coming by to drop off something for Rose, and she should … propensity to commit such offenses." We reject both points. Rule 3:7-6 permits the joinder of offenses in a …
- STATE OF NEW JERSEY VS. GABRIEL MERCADO (19-01-0101, BERGEN COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… the trial court gave contradictory jury instructions and committed plain error in handling issues involving jurors. … disputes at trial concerning the criminal acts he committed. We therefore need only briefly summarize the … the governing legal principles. "'An essential ingredient of a fair trial is that a jury receive adequate and 8 …
- STATE OF NEW JERSEY VS. HAROLD K. COLBERT (19-03-0612, ESSEX COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… Raised Below). POINT V 4 A-0981-21 EVEN IF ANY ONE OF THE COMPLAINED-OF ERRORS WOULD BE INSUFFICIENT TO WARRANT … related to familiarity." Counsel also cited "several studies that show that a marginal level of familiarity with a … not necessary to address defendant's contentions raised in Points IV – failing to replay Allen's cross- examination, V– …
- STATE OF NEW JERSEY VS ISRAEL HIRALDO (19-02-0102, UNION COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… the victim to turn around and raise his hands. The victim complied. Defendant pressed the gun into the victim's back … 2C:39-3(f)(1) (Count Four), and second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2 (Count Five). Defendant's … SAID PERMIT. ACCORDINGLY, HIS CONVICTION FOR FAILING TO COMPLY WITH A FACIALLY UNCONSTITUTIONAL PERMITTING PROCESS …
- STATE OF NEW JERSEY VS. STEPHANIE MARTINEZ (22-02-0395, ESSEX COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… sheet should have provided for self-defense to serve as a complete justification to homicide rather than piecemeal to … for passion/provocation manslaughter. Defendant's remaining points on appeal are addressed in the unpublished portion of … possession of weapon charges, defendant relies on State v. Oguta, in which we held that omission of a self-defense …
- STATE OF NEW JERSEY VS. CARL L. DIXON (14-10-0915, UNION COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… yard, laughing with a second, shorter man with a darker complexion. The two then fled the scene. Fifteen to twenty … report it, which he did. II. Defendant raises the following points for our consideration: POINT I THE PROSECUTOR'S … were together every single moment after 6:30. . . . . Ladies and gentlemen, the defendant committed this crime. He …
- njcourts.gov… DATED DECEMBER 8, 2008 with a 50% interest, as tenants in common, Plaintiffs-Respondents, v. JULIAN ANTEBI and HILARY … property; (2) defendants connected the leaders and gutters on the new addition to PVC pipes that discharged … increased the runoff, and concentrated the discharge at two points—the end of the swale and the relocated sump pump …
- njcourts.gov… appeal from an April 3, 2020 order dismissing their complaint in lieu of prerogative writs, which challenged an … when compared to adjoining streets. 26. The [a]pplicant studied below grade parking and determined it was not feasible … characteristics. On appeal, plaintiffs raise the following points: POINT I: THE COURT COMMITTED REVERSIBLE ERROR BY …
- STATE OF NEW JERSEY VS. WALTER A. TORMASI (97-04-0234, SOMERSET COUNTY AND STATEWIDE) - Published Opinionsnjcourts.gov… of law and was on probation for those offenses when he committed the murder. The court found the following … issues presented on appeal." Defendant raises the following points in his self-represented brief, which we have edited … to Miller, the constitutional infirmity could be remedied by a resentencing or consideration for parole. 577 U.S. …
- STATE OF NEW JERSEY VS. STEPHEN P. MAROLDA (06-08-1382, BERGEN COUNTY AND STATEWIDE) - Published Opinionsnjcourts.gov… phone conversations, A-4556-19 3 defendant was heard complaining to Elvis about difficulties in getting people … Molinelli about defendant's plight. Molinelli allegedly recommended that defendant retain attorney Joseph Rem.1 … This appeal followed. Defendant raises the following points: POINT I THE LOWER COURT ERRED IN NOT ORDERING AN …
- njcourts.gov… . During the 2015 peak season, plaintiff contends she complained about an alleged Federal Aviation Administration … disagreement with another employee, wherein plaintiff complained he had loaded the wrong freight onto an aircraft. … This appeal followed. II. Plaintiff raises the following points for our consideration: POINT I [THE JUDGE] AND …
- njcourts.gov… defendant was a registered patient under the New Jersey Compassionate Use Medical Marijuana Act (CUMMA), N.J.S.A. … clear plastic bags, which, according to Officer Whalen, are commonly used to package and distribute CDS. The officers … was likely to be found in the trunk. Officer Whalen completed his search of the vehicle's interior, at which …
- njcourts.gov… a designer drug of the phenethylamine class, more commonly known as bath salts.1 A Union County grand jury … specific instructions relating to Internet use and communications with others about the case. I agree that … pledge simply reiterated the preliminary instructions embodied in the Model Jury Charges, namely, jurors were required …
- A-0583-19 Opinionnjcourts.gov… a designer drug of the phenethylamine class, more commonly known as bath salts.1 A Union County grand jury … specific instructions relating to Internet use and communications with others about the case. I agree that … pledge simply reiterated the preliminary instructions embodied in the Model Jury Charges, namely, jurors were required …
- A-4556-19 Opinionnjcourts.gov… phone conversations, A-4556-19 3 defendant was heard complaining to Elvis about difficulties in getting people … Molinelli about defendant's plight. Molinelli allegedly recommended that defendant retain attorney Joseph Rem.1 … This appeal followed. Defendant raises the following points: POINT I THE LOWER COURT ERRED IN NOT ORDERING AN …
- A-3534-17T4 Opinionnjcourts.gov… of law and was on probation for those offenses when he committed the murder. The court found the following … issues presented on appeal." Defendant raises the following points in his self-represented brief, which we have edited … to Miller, the constitutional infirmity could be remedied by a resentencing or consideration for parole. 577 U.S. …
- A-3387-19 Opinionnjcourts.gov… appeal from an April 3, 2020 order dismissing their complaint in lieu of prerogative writs, which challenged an … when compared to adjoining streets. 26. The [a]pplicant studied below grade parking and determined it was not feasible … characteristics. On appeal, plaintiffs raise the following points: POINT I: THE COURT COMMITTED REVERSIBLE ERROR BY …