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njcourts.gov
… Defender, attorney for appellant (Anthony J. Vecchio, Designated Counsel, on the brief). Robert J. Carroll, Morris … right to free association by the court's consideration of a comment at sentencing regarding defendant's alleged … that but for counsel's deficient performance, the outcome would have been different). The judge also found …
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njcourts.gov
… Public Defender, attorney for appellant (David A. Gies, Designated Counsel, on the brief). Damon G. Tyner, Atlantic … that occurred when defendant was in the process of committing an armed robbery in a bar. He shot and killed the … 2) the trial court should have charged the jury on the lesser included offense of attempted robbery; 3) the trial …
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njcourts.gov
… treatment programs. Unfortunately, the mother failed to overcome her drug dependency and she continued to test positive … the Division. As of the time of trial, the mother had not visited with E.D. in nearly eight months. The mother refused … resource parent, as recommended by the sole and unrefuted expert witness. To the extent we have not otherwise …
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njcourts.gov
… from the Superior Court of New Jersey, Law Division, Middlesex County, Docket No. L-4497-19. NOT FOR PUBLICATION … denying defendant's Rule 4:6-2(e) motion to dismiss and to compel arbitration, and from the court's December 24, 2019 … processes in the FAA and NJAA to cure the failure to designate an arbitral forum was "misplaced," as was its …
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njcourts.gov
… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-5626-18T2 BASCOM CORPORATION, Plaintiff-Respondent, v. FLYING COLORS, … to "substantial deference, and should not be reversed unless it results 6 A-5626-18T2 in a clear abuse of … v. Guillaume, 209 N.J. 449, 467 (2012)). Rule 4:50-1 is "designed to reconcile the strong interests in finality of …
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njcourts.gov
… child support. In March 2018, the parties executed a comprehensive consent order regarding custody and parenting … time, but not to shared custody. 3 A-5697-17T2 was designated as the parent of primary residence, the parties … behavioral issues and the school's observations and recommendations, the judge replied, "He is, in my view, not as …
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njcourts.gov
… Union County, Docket No. FG-20-0013-19. Clara S. Licata, Designated Counsel, argued the cause for appellant (Joseph … POINT II. [DIVISION]'S FAILURE TO ASSIST [YOLANDA] IN BECOMING DOCUMENTED WHILE AN UNDOCUMENTED CHILD IN … problematic conditions before detention and regardless of detention. As unfortunate and troubling as …
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njcourts.gov
… of a hearing officer to impose disciplinary sanctions for committing prohibited act *.011, possession or exhibition of … the safety of the institution by not following the rules and regulations. Appellant was sanctioned to 100 days of … by substantial evidence in the record. The Department has designated the Five Percent Nation as an STG based on its …
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njcourts.gov
… Public Defender, attorney for appellant (Monique Moyse, Designated Counsel, on the brief). Mark Musella, Bergen … claim for relief is based, [and] the legal grounds of the complaint asserted[.]" As the PCR judge subsequently noted, … . . . the sentence imposed likely would not have been less than" the forty-five year term of imprisonment actually …
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njcourts.gov
… Defender, attorney for appellant (Karen A. Lodeserto, Designated Counsel, on the brief). Mark Musella, Bergen … New York.1 He pleaded guilty to second-degree conspiracy to commit theft (count one), second-degree conspiracy to … second-degree. Thus, we need not address defendant's meritless argument based on the erroneous contention that the …
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njcourts.gov
… Public Defender, attorney for appellant (Suzannah Brown, Designated Counsel, on the brief). Christopher J. … the relevant facts in light of the applicable legal principles, we affirm. On May 29, 2009, defendant was indicted and … assault, N.J.S.A. 2C:14-2(b). In exchange, the State recommended the dismissal of the second count, a sentence of …
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njcourts.gov
… Public Defender, attorney for appellant (Monique D. Moyse, Designated Counsel, on the brief). Christopher J. … interrogation; (3) a motion to determine defendant's competency to stand trial and assist in his 1 The State … is barred from assertion in a proceeding under this rule unless the court on motion or at the hearing finds: (1) that …
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njcourts.gov
… Public Defender, attorney for appellant (Monique D. Moyse, Designated Counsel, on the brief). Lyndsay V. Ruotolo, … "a probability sufficient to undermine confidence in the outcome." Strickland, 466 U.S. at 694. 3 Strickland v. … (quoting Castagna, 187 N.J. at 315). Applying these principles, after de novo review, we are satisfied defendant failed …
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njcourts.gov
… from the Superior Court of New Jersey, Law Division, Middlesex County, Indictment No. 11-12-1939. Harold E. Duffus, … the loss prevention officer, including questions designed to allow the jury to wonder why the witness, who … Date" as "06/09/2006" and in a space for "Additional Comments" states "N/A" "SUSP 6/9/06 TERM 7/24/06." 4 Brady …
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njcourts.gov
… Public Defender, attorney for appellant (Brian D. Driscoll, Designated Counsel, on the brief). Francis A. Koch, Sussex … manslaughter, N.J.S.A. 2C:11-4(b)(1). The State agreed to recommend a ten-year term of imprisonment, subject to the No … the partial print on the bottom of the weapon. Defendant posited someone "wiped" the gun clean. Defendant also asserted …
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njcourts.gov
… Plaintiff Tara Lueddeke appeals from a July 15, 2019 order compelling arbitration and dismissing her complaint without … the right to a trial by jury, except as provided by the rules of the arbitration forum in which a claim is filed;" (2) … against whom the claim is made is a member, as I may designate. A few months after Mazza began handling her …
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njcourts.gov
… Public Defender, attorney for appellant (Lee March Grayson, Designated Counsel, on the brief). Jill S. Mayer, Acting … plea agreement. Pursuant to the plea agreement, the State recommended a five-year term of probation, conditioned upon … petition[s] for post-conviction relief shall be dismissed unless . . . [they are] timely under Rule 3:22-12(a)(2)[.]" …
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njcourts.gov
… Public Defender, attorney for appellant (Phuong Vinh Dao, Designated Counsel, on the brief). John T. Lenahan, Salem … as the result of the non-recording of the transmitted communications. 2 State v. Driver, 38 N.J. 255 (1962). 7 … that trial counsel was ineffective for failing to move to compel the State to disclose the identity of the …
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njcourts.gov
… stumbled1 without falling and broke her ankle. Plaintiff commenced this personal injury action against defendants in … part of the landscape and would have remained so regardless of whether the school built the field. We agree that no … also that the expert refers to standards for accessible design enacted pursuant to the Americans With Disabilities …
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njcourts.gov
… Public Defender, attorney for appellant (David J. Reich, Designated Counsel, on the brief). Jeffrey H. Sutherland, … drunk- driving investigation a warrant must be obtained, unless an exigency existed under the totality of the … I: THE STATE FAILED TO MEET ITS BURDEN OF ESTABLISHING A COMPELLING EXIGENCY OR EMERGENCY SUFFICIENT TO JUSTIFY …