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njcourts.gov
… observed a vehicle driven by defendant speeding in the opposite direction. The officers made a U-turn and followed … DID NOT ESTABLISH INTOXICATION POINT III – THE COURTS BELOW COMMITTED ERROR BY SHIFTING THE BURDEN OF PROOF ONTO … Moreover, the State did not seek to obtain a warrant to compel defendant to provide a urine or blood sample. So, …
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njcourts.gov
… manslaughter, four counts of robbery, conspiracy to commit murder, conspiracy to commit robbery, conspiracy to commit aggravated assault, and weapons offenses for his part …
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njcourts.gov
… in other cases is limited. R. 1:36-3. 2 A-2361-23 In this commercial loan foreclosure case, defendants appeal the … them above, we have considered defendants' remaining points and sub-points and have determined they lack sufficient merit to be …
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A-21-24 Supplemental Appellant Brief and Appellant Response to Amicus Curiae Briefs
Briefs
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… Cir. 2012)…………………………………………………………………………4, 5 Lopez v. Cequel Communications, LLC, 2021 WL 5112982 (E.D. Cal. Nov. 3, … 2024 WL 2838313 (Jun. 5, 2024)………….3 Specht v. Netscape Commc’ns Corp. 306 F.3d 17 (2d Cir. 2002)………… …...2 Williams … action to demonstrate assent to them.” Lopez v. Cequel Communications, LLC, 2021 WL 5112982 (E.D. Cal. Nov. 3, …
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njcourts.gov
… and was on parole for the latest conviction when he committed the offense. As a result, the State objected to … withdrawing his guilty plea. After ensuring that the plea complied with the requirements of Rule 3:9-2, the court … appeal followed. On appeal, defendant raises the following points for our consideration: POINT ONE THE PCR COURT ERRED …
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njcourts.gov
… to support his allegations and his arguments on these three points were belied by the record. Specifically, the judge … to plead guilty to an offense he maintained he did not commit. See State v. Smullen, 118 N.J. 408, 415 (1990) … wished to plead guilty to a crime he or she did not commit, he or she may not do so. No court may accept such a …
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njcourts.gov
… defendant, who "indicated that he believed that it was a complete and accurate record of all the calls that were … the reasons set forth by Judge Incarvito-Garrabrant in her comprehensive written decision. We add the following … for organizing his own defense, making motions, arguing points of law, participating in voir dire, questioning …
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njcourts.gov
… for the reasons set forth by Judge Sandra Lopez in her comprehensive written opinion. I. The evidence adduced at … guilt. Id. at 15-16. In September 2021, Judge Lopez commenced a four-day evidentiary hearing on defendant's PCR … an order, denying defendant's PCR petition. In her accompanying eighty-five-page opinion, the judge first …
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njcourts.gov
… a March 17, 2023 order denying a motion to reinstate their complaint. We affirm. We glean the facts and procedural … history from the motion record. Plaintiffs filed a complaint against defendants claiming defendants ' … days from the date of the mediation to re-file [their] complaint in this present action and that counsel for …
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njcourts.gov
… his "child support arrears by eliminating the day care component of the child support award . . . retroactive to … his calculation that his 3 A-1101-24 share of the childcare component of the support award equaled $64.00. He multiplied … see Rule 1:36-3, and are also factually and legally inapposite. Finally, we decline to disturb the court's factual …
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njcourts.gov
… also argues the trial court engaged in improper ex parte communications with the State regarding a potential issue … right to be present at trial. He found "upon receiving the communication about potential witness tampering from the … case at trial." On appeal, defendant raises the following points for our consideration. POINT I THE PCR COURT SHOULD …
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njcourts.gov
… Judge Mary Beth Kramer. In exchange, the State agreed to recommend an eleven-year sentence subject to the No Early … sentencing phases of the underlying criminal investigation compromised his defense and unduly prejudiced his case." … well-reasoned written opinion. We add the following brief comments. In reviewing the record, we note that the relevant …
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njcourts.gov
… and found his testimony lacked credibility. The court commented that when defendant thought answering the question … 157 N.J. 463, 471 (1999). The rule of deference is more compelling where, such as here, the municipal and Law …
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njcourts.gov
… for THC. The correctional facility charged Patiounga with committing prohibited act *.204. The next day, a sergeant at … at the time of the infraction. Patiounga was found competent and responsible for his actions. At an October 11, … 120 days in the restorative housing unit; 180 days loss of commutation time; 365 days of urine monitoring; 365 days …
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njcourts.gov
… agreed to dismiss first-degree armed robbery charge and recommend a time-served sentence with no probation. During his … pleas be taken "under oath or by affirmation" did not become effective until September 1, 2004. See Pressler & … 6 A-0120-24 On appeal, defendant raises the following points for our consideration: POINT I THE PCR JUDGE ERRED IN …
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… contractor for the construction project and responsible for site safety and the unsafe condition of the site which … and proximate cause" are issues "peculiarly within the competence of a jury." Anderson v. Sammy Redd & Assocs., 278 … Div. 1994). As to the duty of a general contractor, under "common law, a general contractor enjoyed broad immunity from …
njcourts.gov
… argued the cause for appellant Massa Design & Building Company, LLC (Brach Eichler LLC, attorneys; Susan R. … ingress or all egress between a State highway and a lot or site with ingress or egress via a private easement on a … because there will be a change in the number of access points and the width of the remaining . . . access point." …
njcourts.gov
… defendant Workshop/APD Architecture, D.P.C.'s motion to compel arbitration, and dismissing without prejudice … "would be involved in the architectural design, on-site construction supervision, and interior design and … the print is not clear and legible or is less than eight points in depth or five and one-half points in depth for …
njcourts.gov
… eighty-six miles per hour, passing a warning sign recommending a speed of thirty-five miles per hour through the … vehicle, crossed the double yellow line, and struck an oncoming car nearly head on. The crash caused the … at 4000 rpm in a 4-wheel- drift going around the curve opposite Princeton Junction station with [music] on. (posted on …
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… were shot when one or more of the defendants, acting as accomplices, fired upon a passing car while standing in the … A gold Ford Taurus drove by, and she recalled hearing comments from within the group indicating they would shoot … was never advised of any potential alibi, lacked the requisite certification of veracity to warrant further …