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njcourts.gov
… our review of her written decision demonstrates that she comprehensively analyzed defendant's PCR arguments. 4 … a probability sufficient to undermine confidence in the outcome." Id. at 694. "[I]f counsel's performance has been so … ineffective, the Supreme Court has stated: PCR counsel must communicate with the client, investigate the claims urged by …
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njcourts.gov
… to appreciate the significance 6 A-1119-19 of probative, competent evidence." Ibid. Reconsideration may also be … reviewing the record and the applicable legal principles, we conclude that plaintiff's further arguments are …
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njcourts.gov
… (last visited Mar. 16, 2021), the drug defendant admitted … That portion of the statute on which defendant relies: "unless the substance was obtained directly, or pursuant to a … penalty, lab fee and loss of driving privileges were not completed during defendant's plea process; nor were they …
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njcourts.gov
… of Labor and Workforce Development, Division of Workers' Compensation, Claim Petition No. 2018-21550. Naulty, … Supreme Auto Transport (Supreme) appeals a judge of compensation's decision denying its motion to dismiss the … companies to move the auto manufacturer's vehicles. Petitioner registered BMH as a business organization …
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njcourts.gov
… reasons expressed by Judge Anthony F. Picheca, Jr., in his comprehensive written decision that accompanied the order under review. I. On November 20, 2014, a … appeal in view of the record, the applicable legal principles, and our deferential standards of review, and conclude …
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njcourts.gov
… with N.J.S.A. 2C:58-4(c), the application had to be accompanied by a written certification of justifiable need to … other than by issuance of a permit to carry a handgun. To comply, Miller's application referenced deadly and violent … "through social media or any other [similar] form of communication." Miller also recounted two personal threats …
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njcourts.gov
… the testimony of an expert in Child Sexual Abuse Accommodation Syndrome (CSAAS) to explain the child's delay in … minor victim, found the error could not be dismissed as harmless. Id. at 407. The Supreme Court reversed. Id. at 400. … it deemed the error harmless in light of the victim's "compelling testimony" and the State's impeachment of …
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njcourts.gov
… was entitled to an evidentiary hearing as to whether the outcome of the trial would have been different had counsel not … to by [David] and his mother." The judge recounted examples of that testimony and how it differed from defendant's, … testimony did little to convince the [c]ourt that the outcome of the trial would have been different, the manner of …
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njcourts.gov
… made a mistake, defendant did not establish the requisite prejudice because he failed to show that the motion … to 1 In the two indictments, defendant was charged with committing twenty-eight offenses. 2 In that indictment, the … threats, one count of second-degree conspiracy to commit first-degree armed robbery, and two counts of second- …
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njcourts.gov
… arguments. Defendant was stopped for driving forty-seven miles per hour in a twenty- five-mile-per-hour zone. Instead … he made no finding at all. We held in Rosenblum that "the complete denial of the filing of a claim without judicial … Super. at 390 (citing U.S. Const. amend. XIV, § 1). The complete disregard of a filed motion has the same …
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njcourts.gov
… for the child and the A-2969-17T3 4 applicable legal principles, we reject this argument and affirm the judgment as it … same reasons expressed by Judge James R. Paganelli in his comprehensive written decision dated February 14, 2018. As … factual findings, because they are well supported by competent evidence presented at trial. See N.J. Div. of …
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njcourts.gov
… He also challenges the judge's decision to amend the complaint the day before the trial began. K.W., J.W.'s wife, had filed the complaint in a police station during evening hours, and the … to the original harassment charge, N.J.S.A. 2C:33-4. The complaint was further amended to indicate that the parties …
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njcourts.gov
… points: POINT I: THE PROSECUTOR'S CROSS-EXAMINATION AND COMMENTS REGARDING DEFENDANT'S DELAY IN CLAIMING … the prosecutor's summation comments that: (1) improperly discredited his self-defense claim by pointing out that it was … positions by specific reference to legal authority). Nonetheless, based upon our review of the record, we conclude these …
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njcourts.gov
… jitney had a camera installed that shot video from four angles and also recorded audio inside and outside the jitney. … plaintiffs' counsel's objection after the questioning had become repetitive and directed the defense to "move on." As …
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njcourts.gov
… trial court entered the order after finding that defendant committed the predicate acts, see N.J.S.A. 2C:25-19 (a), of … On August 27, 2017, plaintiff filed a domestic violence complaint and a request for a TRO against defendant, which … he believed would have been in violation of her work rules and would lead her to be fired. Those are acts of …
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njcourts.gov
… and Susswein. On appeal from the New Jersey Civil Service Commission, Docket No. 2017-1441. Robert K. Chewning argued … Attorney General, attorney for respondent Civil Service Commission (Pamela N. Ullman, Deputy Attorney General, on … We begin our analysis by acknowledging the legal principles governing this appeal, including the standard of review …
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njcourts.gov
… on probation failed to deter his criminal behavior. Webster committed serious institutional infractions while … in detention and administrative segregation with a loss of commutation time. The last offense had occurred in March … "discretionary assessment[s] of a multiplicity of imponderables . . . ." Ibid. (alteration in original) (quoting …
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njcourts.gov
… twenty years to address her abusive behaviors" and the concomitant consequences of the loss of her parental rights. … was determined to be the child's father. At first, he visited the child on a regular basis, and in December 2016, … applied those findings to the governing legal principles in concluding that entry of the judgment under review …
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njcourts.gov
… arguments in light of the record and applicable principles of law, we reverse. On May 3, 2013, a concerned neighbor … is deemed relevant, it is admissible, N.J.R.E. 402, unless 'its probative value is substantially outweighed by 2 … of guilt by defendant from his post-crime conduct unless it believes that defendant acted to cover up a crime." …
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njcourts.gov
… employment as a New Jersey State Trooper. Plaintiff sought compensation for his injuries under the Military Compensation Law (MCL), N.J.S.A. 38A:13-1 to -13. N.J.S.A. … "word[] of enlargement and not of limitation and . . . examples specified thereafter are merely illustrative." Jackson …