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njcourts.gov
… attack upon a conviction by habeas corpus or any other common-law or statutory remedy. When petitioning for PCR, … Strickland, 466 U.S. at 690. The defendant "must overcome the presumption that the attorney's decisions followed … to the reality that, but for counsel's deficiency, the outcome would have been different." State v. Allah, 170 N.J. …
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njcourts.gov
… to State v. Zuber, 227 N.J. 422 (2017). In order to comply with the mandates of Zuber, the trial judge will also … who were outside enjoying the summer evening. Defendant committed the crime when he was seventeen and a half years … a life sentence. On appeal, defendant raises the following points: 5 A-3182-15T3 POINT ONE BECAUSE WESTON WAS SEVENTEEN …
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njcourts.gov
… by order filed on May 6, 2016. Judge Blaney issued a comprehensive thirteen-page written opinion on the same date … The judge then instructed the jury: You are to totally and completely disregard the question and answer that you just … it does not seem likely that this small bit of evidence, in comparison with the remainder of the evidence against him, …
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njcourts.gov
… facts. Around 11 p.m. on July 8, 2013, Frison, in the company of friends and family, was returning home after a … on both motions was conducted before the Law Division. Upon completion, the judge granted both motions by orders dated … Thus, we consider, as the trial judge did, whether "the competent evidential materials presented, when viewed in the …
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njcourts.gov
… v. CONRAIL DEVELOPERS LIMITED LIABILITY COMPANY, a New Jersey Limited Liability Company, Defendant-Appellant/ Third-Party Plaintiff, and … already installed, before plaintiff would return to the job site. The record reveals a series of emails and letters …
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njcourts.gov
… restraining defendant from having any form of contact or communication with Mary, the mother of his son, Michael, … 630 (App. Div. 2015), the judge determined defendant's communication was a knowing violation of the FRO. According … minor child." Defendant now appeals, raising the following points for our consideration: POINT I THE TRIAL COURT ERRED …
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njcourts.gov
… Two months later, the Division filed its guardianship complaint. The trial on the Division's complaint was conducted over the course of three days before … they relate to and overlap with one another to provide a comprehensive standard that identifies a child's best …
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njcourts.gov
… relationship had ended. On April 2, 2019, M.T.D. filed a complaint seeking an FRO. With respect to the events alleged in the complaint M.T.D. testified as follows: on March 29, 2019, he … car. M.S. denied two additional allegations in M.T.D.'s complaint: having followed him on a prior date from Cherry …
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njcourts.gov
… and convincing evidence sustaining all violations and recommended revocation of PSL and MS and the imposition of a … month FET on each. The two-member panel found that Wood's commission of the violations was "serious" and that … applicable notwithstanding Wood's argument that it is inapposite because both parole statuses were revoked for the same …
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njcourts.gov
… probability" that the deficient performance affected the outcome. 4 A-1167-18T3 Fritz, 105 N.J. at 58. Under those … prejudice to the State's case as memories fade, witnesses become unavailable, and evidence is lost. Ibid. Second, it … what he would have discussed with trial counsel if he had visited him in the jail or taken his calls, or state the …
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njcourts.gov
… sufficient to relax the time limits." Id. at 580. "Absent compelling, extenuating circumstances, the burden of … show: "counsel's assistance was not 'within the range of competence demanded of attorneys in criminal cases'; and . . … a plea after sentencing must be substantiated by strong, compelling reasons." Id. at 158, 160 (citing R. 3:2-1). …
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njcourts.gov
… argued the cause for respondent Vivian Lo, M.D. (Giblin Combs Schwartz Cunningham & Scarpa, attorneys; Christina M. … for the moving party to remold their argument to recite the points made in the original motion." She opined plaintiffs' … application for protective orders. Plaintiffs assert four points of error: I. THE TRIAL COURT ABUSED ITS DISCRETION …
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njcourts.gov
… "[w]ith the amount of water damage that we have seen from onsite inspection, photos and videos and the obvious black … does not divulge whether plaintiff actually undertook the recommended repairs, or had others perform the work. After … the warranty covers "what can be described as 'structural components' only. The alleged improper construction of a …
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njcourts.gov
… 4 A-3346-17T4 vehicle stop to continue the detention after completion of the valid traffic stop," and (2) the consent … vehicle during the high-risk car stop and "kept constant communication" with defendant, the front-seat passenger, … the chief who was walking in the area, "Ma'am, can you come over here? I want to let you know that there's a, …
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njcourts.gov
… was also convicted of separate possessory firearms offenses committed the day he was arrested, May 20, 2003. He received … albeit unsuccessful, of a conspiracy count that encompassed all four robberies. Furthermore, 1 We affirmed … met the Cofield test. The court noted: [T]he defendants committed a series of nighttime robberies over the course of …
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njcourts.gov
… v. TOWNSHIP OF NEPTUNE, NEW JERSEY AMERICAN WATER COMPANY, Defendants-Respondents, and JERSEY SHORE UNIVERSITY … for their maintenance and repair. Lateral access points are smaller than manhole covers and are only located … Avenue in the year before plaintiff's injury. Plaintiff posited a third theory: the Township's snowplows damaged the …
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njcourts.gov
… next Monday. THE COURT: [Defense counsel] -- [] DEFENDANT: Come on, man. THE COURT: -- on his -- [] DEFENDANT: I've … of circumstances." In re Daniels, 118 N.J. at 61. Acts committed in the presence of the court are governed by Rule … the record does not reflect that defendant's inappropriate comments were made over an extended period of time after he …
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njcourts.gov
… aggravated manslaughter, and the charge of conspiracy to commit murder was dismissed. 4 A-1552-17T3 In Indictment … that (i) counsel's assistance was not 'within the range of competence demanded of attorneys in criminal cases'; and … record unequivocally indicates that his plea was entered freely, that he was satisfied with the services of trial …
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njcourts.gov
… PER CURIAM Plaintiff Siaka Kromah filed a small claims complaint against defendants Katelyn Kagan and Usman Raheel, … followed. On appeal, defendants present the following points for our consideration: 4 A-3499-17T4 POINT I THE … In this case, plaintiff did not establish the requisite foundation to support the judge's award. In sum, while …
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njcourts.gov
… Judges Alvarez and DeAlmeida. On appeal from the New Jersey Commissioner of Education, Docket No. 100-5/17. Oxfeld … Gurbir S. Grewal, Attorney General, attorney for respondent Commissioner of Education (Jaclyn M. Frey, Deputy Attorney … from the January 29, 2019 final agency decision of the Commissioner, Department of Education (Commissioner) …