» Criminal
Motion for New Trial Granted
The appeals court reversed the denial of the defendant’s motion for a new trial based on the denial of counsel to assist defendant with presenting his motion (remanding for assignment of counsel for defendant on the new trial motion).
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Post-Conviction Relief
The appeals court reversed the denial of the defendant’s petition for post-conviction relief and remanded for an evidentiary hearing on whether trial counsel provided effective assistance of counsel on various grounds.
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Post-Conviction Relief
The appeals court reversed the denial of the defendant’s petition for post-conviction relief and remanded for an evidentiary hearing on exculpatory evidence raised by the post-conviction proofs.
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Post-Conviction Relief
The appeals court reversed the denial of the defendant’s petition for post-conviction relief and remanded for an evidentiary hearing on whether trial counsel provided ineffective assistance of counsel by failing to obtain a mental health expert to counter the State’s charges.
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Criminal Case Remanded for New Trial
The appeals court agreed with Hegge & Confusione in vacating the defendant’s conviction for murder and related offenses “We are satisfied that in precluding the jury from considering passion-provocation manslaughter, the court committed an error capable of producing an unjust result with respect to Whye’s convictions for purposeful and knowing murder, as well as all of the remaining charges. Accordingly, a new trial is required.”
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Remand for Resentencing
The appeals court agreed with Hegge & Confusione in vacating the defendant’s sentence, remanding for resentencing consistent with the Supreme Court’s holding in State v. Robinson, 217 N.J. 594 (2014).
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