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- A-4051-18T1 Opinionnjcourts.gov… motion "to file a late notice of claim . . . [and] to compel production of documents pursuant to the Open Public … HCSD be granted. On appeal, defendants raise the following points of error: POINT I THE COMPLAINT MUST BE DISMISSED … 3 In plaintiff's responding brief, plaintiff argues three points, including the request we exercise original …
- A-4716-17T1 Opinionnjcourts.gov… sex offender treatment. Defendant also was ordered to comply with Megan's Law and was subject to Parole … Nonetheless, "[t]he concept of excusable neglect encompasses more than simply providing a plausible explanation … assertions. According to the judge, defendant "has been compliant with the terms of his [PSL] since he was sentenced …
- A-0291-16T1 Opinionnjcourts.gov… Rural, removed the padlock and filed a municipal court complaint against Zukowski. Sometime thereafter, Zukowski … a disorderly persons offense, Zukowski filed a Law Division complaint against Sussex Rural and Tate (collectively … granting summary judgment to defendants dismissing his complaint with prejudice, and denying his motion to vacate …
- A-1410-18T4 Opinionnjcourts.gov… to take his hands out of his pants, but he refused to comply. Officer Morelli testified that when defendant … N.J. 346, 362 (2002)). "There is an assumption grounded in common experience 8 A-1410-18T4 that such a person is …
- A-4728-17T3 Opinionnjcourts.gov… LIFE FOR A SUBSTANTIAL PERIOD OF TIME BEFORE THE COMMISSION OF THE PRESENT OFFENSE. After reviewing the … from his statements at the motion hearing that his primary complaint was that his attorney ignored his request to … or contradictory; 2) that the evidence was discovered after completion of the trial and was "not discoverable by …
- A-0825-14T2 Opinionnjcourts.gov… Alvarez and Accurso. On appeal from the Civil Service Commission, Docket No. 2012-2210. Fusco & Macaluso Partners, … Police Department Rules and Regulations, Chapter 5:4.1, obedience to orders; charge four, violation of Newark Police … [c]onclusion." On appeal, Zaghloul raises the following two points: POINT ONE THE COURT SHOULD REVERSE THE CIVIL SERVICE …
- A-1773-15T1 Opinionnjcourts.gov… "well-grounded suspicion that a crime has been or is being committed." State v. Nishina, 175 N.J. 502, 515 (2003) …
- A-5762-14T2 Opinionnjcourts.gov… consent of both parties, the judge provided a copy of the complete jury charge for the jury. The second question was: … the mere presence language that is found in the charge on accomplice liability incorporates defense counsel's argument … 481, 522 (1994)). "'[E]rroneous instructions on material points are presumed to' possess the capacity to unfairly …
- A-3636-15T3 Opinionnjcourts.gov… four counts of fourth-degree violation of the conditions of community supervision for life. About six months later, in … prison term of 270 days. Seeking to terminate his community supervision for life, defendant filed a pro se PCR … for endangering. Defendant subsequently filed a motion to compel interrogation of the jury to substantiate his …
- A-4372-19 Opinionnjcourts.gov… lacked merit. I. In 2005, defendant engaged in internet communications with a person he believed was a … attempted luring. In exchange, the State agreed to recommend that defendant be sentenced in the third-degree … for the reasons explained by Judge Wilcox in his comprehensive written opinion. We add a few additional …
- A-1153-20 Opinionnjcourts.gov… other medical issues put her at an increased risk of health complications or death from COVID-19. Defendant did not … the Legislature’s plain directive that defendants who commit "the most violent of crimes must serve 85% of the … the public if released. Id. at 135-37. In the interest of completeness, the Priester factors also point to the denial …
- A-0285-17T1 Opinionnjcourts.gov… burglary. He was on probation for these convictions when he committed his present offenses, and was sentenced to an … has been continuously incarcerated since 1990. He has committed five institutional offenses during his … "asterisk" infractions. His most recent infraction was committed in May 2013. A mental health evaluation was …
- A-2257-17T1 Opinionnjcourts.gov… out of school after the eighth grade. Defendant was found incompetent to stand trial in July 2012. An April 2013 reevaluation found him competent to stand trial. The reevaluation report 3 … robbery, N.J.S.A. 2C:15- l, in exchange for a recommendation he be sentenced as a third-degree offender to a …
- A-5426-16T1 Opinionnjcourts.gov… Medical Center (BRMC) that he had a record of "admission, commitment, or treatment" with the facility. The detective … available. In addition to the State application forms, W.R. completed an additional questionnaire created by the … Manalapan, 140 N.J. 366, 378 (1995). The thrust of W.R.'s points of error center on his claim that the criminal …
- A-2824-15T4 Opinionnjcourts.gov… not satisfy the exceptional circumstances required" to overcome the time-bar). III We analyze ineffective assistance of … witnesses to the shooting and someone other than defendant committed the murder. Defendant also submitted Field's … Rule 1:4-4(c); accordingly, defendant failed to present competent evidence supporting his claim. See State v. …
- A-2941-14T3 Opinionnjcourts.gov… made certain choices, and making those choices, he committed certain crimes. There was no objection by defense … v. Siciliano, 21 N.J. 249, 262 (1956)). Here, the improper comment was brief and consisted of two sentences in the …
- A-0140-18T1 Opinionnjcourts.gov… As part of the plea agreement, the State agreed to recommend that he be sentenced to two years of probation and … 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 …
- A-3052-16T4/A-3782-16T4 Opinionnjcourts.gov… 157 N.J. 463, 470-71 (1999). The rule of deference is more compelling where, as here, both judges made concurrent … winding with "S turns" and a "high accident area." While we commend defendant for his work as a motorcycle safety …
- A-2560-16T3 Opinionnjcourts.gov… State v. Mitchell, 126 N.J. 565, 580 (1992)). Absent compelling extenuating circumstances, the burden to justify …
- A-4210-15T1 Opinionnjcourts.gov… him guilty of, and imposing disciplinary sanctions for, committing prohibited acts *.004, fighting with another … of the religious services room when he heard loud arguing coming from the room and went to investigate. When he … got upset because he could not walk up and down stairs to complete his required paralegal work due to his disability, …