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… Submitted April 30, 2024 – Decided May 14, 2024 Before Judges Gooden Brown and Bergman. On appeal from the … had memory loss and was mentally impaired during the commission of the crime, and his trial counsel failed to … Defendant argues because his counsel failed to assert these points at sentencing, he is entitled to PCR based on …
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… November 13, 2023 (A-3189-21) – Decided January 31, 2024 Before Judges Gilson and Bishop-Thompson. On appeal from the … to the terms of the negotiated plea agreement. Defendant completed probation on January 8, 2016. He did not file a … to consult an immigration attorney if an issue were to come up as a result of [his] plea." Defendant further …
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… Argued November 15, 2023 – Decided December 7, 2023 Before Judges Currier and Firko. On appeal from the Superior … his motion for return of his property—an Apple laptop computer seized from his residence. He 1 We follow the … 2 A-0793-22 also appeals from a November 4, 2022 order compelling disclosure of the laptop's passcode.2 We affirm …
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… Argued September 18, 2023 – Decided October 31, 2023 NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … concerns disputes over the coverage provided by a Workers' Compensation and Employers Liability Insurance Policy (the … mandate that employers obtain compulsory insurance. Bravo points out that the Workers' Compensation Act requires an …
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… Submitted September 17, 2024 – Decided October 21, 2024 Before Judges Gilson and Bishop-Thompson. On appeal from the … 16-04-1216. Jennifer N. Sellitti, Public Defender, attorney for appellant (John J. Bannan, Designated Counsel, on the brief). Matthew J. Platkin, Attorney General, attorney for respondent (Debra G. Simms, Deputy Attorney General, of …
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… Submitted December 4, 2018 – Decided Before Judges Yannotti and Gilson. On appeal from Superior … N.J.S.A. 2C:41-2(c) (count one); first-degree conspiracy to commit murder of Almeen Palmer, N.J.S.A. 2C:5-2; N.J.S.A. … and (2) (count three); first-degree conspiracy to commit murder of an individual identified as T.C., N.J.S.A. …
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… Submitted November 15, 2018 – Decided Before Judges Alvarez and Reisner. On appeal from Superior … of the officers. The prosecutor responded that his comments were proper comment because they "highlight[ed] … 7 A-4034-16T1 On appeal, defendant raises the following points: POINT I IN THIS CASE, WHICH CENTERED ON THE …
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… Submitted September 18, 2018 – Decided Before Judges Ostrer and Mayer. On appeal from Superior Court … contends the trial court erred in denying his motion to compel discovery of laboratory-test results, which were … controlled purchases." II. Defendant raises the following points for our consideration: 2 The record does not include …
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… Submitted March 26, 2019 – Decided May 28, 2019 Before Judges Gilson and Natali. On appeal from Superior Court … circumstances' because '[a]s time passes, justice becomes more elusive and the necessity for preserving finality … timeliness of the petition and the defendant must "submit competent evidence to satisfy the standards for relaxing the …
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… Submitted May 6, 2019 – Decided May 28, 2019 Before Judges Messano and Gooden Brown. On appeal from … part or all of the principal and accrued or undistributed income of the Trust to any one or more persons and entities, … We do not retain jurisdiction. 9 As Schonfeld properly points out, the Congregation never sought attorneys' fees in …
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… Argued November 14, 2019 – Decided Before Judges Haas and Mayer. On appeal from the Superior … substantially for the reasons set forth in the judge's comprehensive written decision rendered on November 16, … in total land area and approximately forty percent of it is comprised of wetlands. 3 A-1744-18T4 which permits single …
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… Submitted December 9, 2019 – Decided Before Judges Fasciale, Rothstadt and Moynihan. On appeal from … two of the indictment, charging second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:15-1(a)(1), … DESCRIBED SUSPECTS. Defendant adds: 1 Another four-count complaint warrant, not the subject of this appeal, was also …
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… Argued February 11, 2020 – Decided March 17, 2020 Before Judges Hoffman and Firko. On appeal from the Superior … probable cause was established. On December 21, 2016, a complaint issued, and charged defendant with possession of a … were to run concurrently. Defendant raises the following points on appeal: 9 A-1253-18T3 POINT I STANDARD OF PROOF ON …
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… Argued March 4, 2020 – Decided April 22, 2020 Before Judges Gooden Brown and Mawla. On appeal from the … However, Ottavinia could not tell whether the odor "was coming from [the driver]," who was later identified as … during the hearing. 4 A-2705-18T4 tests, including the complete HGN, from which Ottavinia concluded there was …
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… Argued February 27, 2020 – Decided April 8, 2020 Before Judges Alvarez and Suter. On appeal from the Superior … circumstances' because '[a]s time passes, justice becomes more elusive and the necessity for preserving finality … the extent of the 7 A-3829-18T1 delay" unless there are "compelling, extenuating circumstances." Ibid. To establish a …
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… Submitted February 3, 2020 – Decided May 5, 2020 Before Judges Messano and Susswein. On appeal from the … evidence. Specifically, the State's ballistics expert commented that a non-testifying peer concurred with the … officers soon arrived at the scene and were able to communicate with Martinez-Ventura and his friends. They told …
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… Submitted March 16, 2020 – Decided May 20, 2020 Before Judges Fasciale and Moynihan. On appeal from the … probability" that the deficient performance affected the outcome. Fritz, 105 N.J. at 58. We find no merit to defendant's … that he did not have the 7 A-1878-18T1 intent to commit an offense. Such a state of affairs will likely exist …
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… Submitted March 23, 2020 – Decided June 18, 2020 Before Judges Moynihan and Mitterhoff. On appeal from the … an act of fellatio. Under the plea agreement, the State recommended that defendant be sentenced in the third-degree … probability" that the deficient performance affected the outcome. Fritz, 105 N.J. at 58. Defendant argues in his merits …
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… AMERICAN EAGLE PALLETS, and MATJAC PALLETS, INC., d/b/a NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … the facts from the record developed on the motions to compel discovery and dismiss ARF's pleadings. The record … in Woodbridge (the Property). In June 2017, Seaside filed a complaint seeking to quiet title to the Property and declare …
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… Argued telephonically June 1, 2020 – Decided July 7, 2020 Before Judges Rothstadt and Mitterhoff. On appeal from the … as if to retrieve or conceal something. Defendant did not come to an immediate stop. He continued and eventually … defendant to exit the vehicle and show his hands. Defendant complied, and Ledet patted him down. At this time, three …