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… errors must create a "reasonable probability" that the outcome of the proceedings would have been different if counsel … of the Miranda1 waiver. Rather, he argues that his comment to the interrogating detective, "I'm not going to … you right now. [DETECTIVE]: Thanks. [DEFENDANT]: You're welcome. The record shows defendant initialed and signed the …
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… NOT TO BE PUBLISHED WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS SUPERIOR COURT OF NEW JERSEY MONMOUTH … their initials. APPROVED FOR PUBLICATION December 12, 2022 COMMITTEE ON OPINIONS 2 Michael Costanzo, Special Deputy … of that conviction. The parties submitted briefs in support of their respective positions and oral argument was …
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… matter on July 21, 2019, two weeks after the deadline for compliance with the May 8 order. On August 8, 2019—while … opinion. Rule 2:11-3(e)(1)(E). We add the following brief comments. An application to set aside an order pursuant to … own failures to diligently pursue his available remedies throughout this matter that have led to his inability …
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… counsel. The PCR court denied defendant's ensuing motion to compel discovery, finding defendant failed to demonstrate … 1 The court's decision is dated March 28, 2022, and the accompanying order is dated March 25, 2022, neither copy … PCR counsel filed a motion to compel discovery. In his supporting brief, PCR counsel argued he was unable to …
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… Wegfahrt further testified he "detected the odor of alcohol coming off of [defendant's] breath. At the same time, his … (count one); second- degree possession of a weapon while committing a CDS offense, N.J.S.A. 2C:35-5(b)(3) (count … contends the search was unlawful because it was not supported by probable cause, and the handgun discovered …
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… of this dispute and that [they] accept this check as a complete settlement of [their] claim with regards to these … letter and following CURE's PIP appeal process, Hackensack commenced an internal appellate process with CURE, seeking … Id. at 152. One example identified by the Court is a child support order, ibid.; another example 11 A-902-21 is an …
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… undisputed. N.J.S.A. 54:4-34 (Chapter 91) "is part of a comprehensive statutory scheme implementing this State's … pursuant to Chapter 91. The assessor's certification in support of the motion set forth most of the facts already … the City's motion. Plaintiff's counsel reiterated the two points raised in the previously filed opposition, largely …
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… v. LIVINGSTON CIRCLE ASSOCIATES, LP, EASTMAN COMPANIES OF NEW JERSEY, LLC, and EASTMAN MANAGEMENT CORP., … struck plaintiff in the 1 Plaintiff also named Eastman Companies of New Jersey, LLC (Eastman N.J.) as a defendant. … for Justice to submit a brief as an amicus curiae supporting plaintiff's position. II. On appeal, plaintiff …
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… dispute over who controls the attorney-client privilege of communications with the law firm McCarter & English … their motion to reject a report by a special master and compelling them to produce their communications with … findings of fact concerning McCarter's representation are supported by substantial, credible evidence, and because …
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… 12, 2022 order, entered after a hearing, finding him competent to stand trial. We affirm. Defendant was charged … scheduled a hearing to determine whether defendant was competent to stand trial. The competency hearing spanned … methods steered the defendant towards answers that supported the State's assertion that the defendant [was] …
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… medical indications leading to such treatment may provide competent evidence to support a diagnosis of NAS. Here, there is sufficient … of withdrawal symptoms in a child suffering from other maladies, such as respiratory distress due to meconium …
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… days after J.D.'s birth, the Division filed a verified complaint for custody, care, and supervision of J.D. The … to J.D. including: (1) J.D.'s room was ready; (2) J.D. was coming home next week; and (3) J.D was coming home soon; … the trial court's factual findings, so long as they are "supported by adequate, substantial, and credible evidence." …
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… (NJIT or the University) appeals from the dismissal of its complaint seeking to enjoin arbitration of grievances … police officers. The unions allege that NJIT failed to comply with its Emergency Closing Policy (Closing Policy) by … at its campus, while continuing other operations to support remote learning. In that regard, the University …
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… -1- NOT FOR PUBLICATION WITHOUT APPROVAL OF THE TAX COURT COMMITTEE ON OPINIONS Corrected 3/6/2024 – page 5, line 6 - … the fee has not been paid. The City is not without remedies. The Legislature provides an effective remedy to … permitted by the Legislature. The viability of other remedies, such as a suit for the fees or revocation of the …
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… accurately summarized in the PCR court's decision and accompanying opinion and need not be repeated here at length. … she did have children. Defendant threatened if D.E. did not comply with everything he demanded he would kill her kids. … plea counsel would have known his contention was unsupported by evidence and the evidence against him was …
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… and KRAFT MACHINES INC. and MALEX PLASTIC COMPANY, Defendants, v. EMPLOYERS PREFERRED INSURANCE, … § 1910.212(a)(1), relating to Bravo's failure to guard nip points and rotating parts of the bubble mailer machine; and … by Bravo's intentional conduct and, therefore, his remedies should not be confined to Compensation Act benefits. In …
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… We address whether defendant satisfied his burden to overcome the strong deference provided to the issuing judge's … head detective of the Task Force executed an affidavit in support of an application for three search warrants which … between the area of the center console and the glove compartment, and approached the Acura and handed something …
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… abuse evaluation and treatment. R.K. was placed on Community Supervision for Life (CSL), N.J.S.A. 2C:43-6.4.1 … 267, § 1. The 2003 amendment "replaced all references to 'community supervision for life' with 'parole supervision for … registration obligations in the same proceeding. In support of his motion, he submitted proof he completed sex …
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… In a detailed and thorough written statement of reasons accompanying the order, the court determined defendant's PCR … more than a bald assertion because it was untethered to any competent evidence, in the form of an affidavit or … testimony had she been called as a witness at trial. In support of its conclusion, the court cited Rule 3:22-10(c), …
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… a judgment for possession and dismissing plaintiff's complaint in this commercial summary eviction case. We … end of its Term, and thereupon be entitled to all the remedies against Tenant provided by law in that situation, or … This appeal followed. Plaintiff raises the following points for our consideration: I. THE LOWER COURT'S RULING …