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… However, Ottavinia could not tell whether the odor "was coming from [the driver]," who was later identified as … during the hearing. 4 A-2705-18T4 tests, including the complete HGN, from which Ottavinia concluded there was … was also able to confirm that the odor of alcohol was coming from defendant's "[b]reath." Additionally, contrary …
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… two of the indictment, charging second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:15-1(a)(1), … DESCRIBED SUSPECTS. Defendant adds: 1 Another four-count complaint warrant, not the subject of this appeal, was also … 360, 381 (2017) (quoting Fed. R. Civ. P. 52(a) advisory committee's note to 1985 amendment). The Court explained …
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… probability" that the deficient performance affected the outcome. Fritz, 105 N.J. at 58. We find no merit to defendant's … of such a great prostration of the faculties that the requisite mental state was totally lacking. That is, to … that he did not have the 7 A-1878-18T1 intent to commit an offense. Such a state of affairs will likely exist …
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… P. Perfilio's oral decision. I. This case has a long and complex procedural history. In March 2006, defendant … ALRP,2 served defendant with Notice of Intent to Commence Foreclosure proceedings (NOI). Defendant failed to … seeking injunctive relief must demonstrate four prerequisite conditions: (1) the need to prevent irreparable harm, …
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… as if to retrieve or conceal something. Defendant did not come to an immediate stop. He continued and eventually … there has been a significant deprivation of the suspect 's freedom of action based on the objective circumstances, … was not interrogating defendant. "Despite the restraint on freedom of action involved in Terry and traffic stops, an …
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… on December 8, 2004. The $4,875.22 judgment amount was comprised of the judgment award of $4,711.98, plus court … plaintiff's counsel represented his client "has been in compliance with the law since the time of inception." … a lawsuit is a contract which, like all contracts, may be freely entered into and which a court, absent a …
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… substantially for the reasons set forth in the judge's comprehensive written decision rendered on November 16, … in total land area and approximately forty percent of it is comprised of wetlands. 3 A-1744-18T4 which permits single … filed an application seeking Preliminary and Final Site Plan Approval, use variances, bulk variances, and …
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… support for the parties' child but did not contain their incomes or the amount because they were unable agree on those points. However, the MSA stated: the parties would utilize … of $51.90. 4 A-0096-20 She also requested the parties communicate through Our Family Wizard (OFW), recalculate …
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… . . .would have gleaned any exculpatory evidence or compelling evidence whatsoever . . . ." On the motion for an … judges with discretion in reviewing a party's failure to comply with discovery. See R. 7:7-7(j) (providing that where a party fails to comply with discovery, "the court may . . . enter such other …
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… contact, 2 The PCR judge also denied defendant's other two points because they raised the same issues we rejected on … a forensic examination was performed and a rape kit was completed. Id. at 4. Semen was detected in the swab taken … counsel's efforts fell below the standards of professional competency. The PCR judge reasonably rejected defendant's …
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… or omissions fell "outside the wide range of professionally competent assistance" considered in light of all the … to transcripts of plea colloquies for evidence that these points were placed on the record with a noncitizen defendant …
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… plaintiff and defendant each filed a domestic violence complaint against each other. The following month, they withdrew those complaints and entered an "agreement to enter civil … 26, 2020, plaintiff filed a second domestic violence complaint and obtained a TRO after alleging defendant …
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… supported by substantial evidence and her legal conclusions comport with applicable law, we affirm. The parties were married on March 31, 2012. Plaintiff filed a complaint for divorce on October 10, 2017. No children were … purposes of alimony, the judge found plaintiff's annual income was $120,000. Defendant earned substantially less …
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… balance to be paid in monthly installments of $1,500 commencing November 9, 2009. AA assigned the Note to … under the note. 3 A-2489-19 On October 9, 2015, AA filed a complaint against defendant and seven other individuals … an amended notice of appeal. Defendant raises the following points for our consideration: I. THE TRIAL COURT ERRED IN …
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… Russo appeals from the January 15, 2021 Law Division order compelling arbitration and dismissing his discrimination complaint against Chugai Pharma USA, Inc. and its President, … In this ensuing appeal, defendants raise the following points for our consideration: POINT I: THE COURT BELOW ERRED …
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… John M. Hanamirian argued the cause for appellant Freeborn & Peters, LLP (Hanamirian Law Firm, PC, attorneys; … resolve the fee dispute before the District Fee Arbitration Committee pursuant to Rule 1:20A-1 to -6, and the attorneys … this counsel fee dispute. I Plaintiff Susan Lucas retained Freeborn & Peters LLP (Freeborn), a law firm located in Cook …
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… Simpkins went to buy marijuana from Ian Morris. Defendant accompanied Potts and Simpkins to Morris's apartment … confessed to "bod[ying] the guy." After Detective Walker completed his testimony, the State announced Simpkins would … on." In reviewing defense counsel's summation, none of the points argued to the jury referenced Detective Walker's …
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… J.C. According to F.S., J.C. disclosed that he had committed "a robbery with other people." After doing so, … a probability sufficient to undermine confidence in the outcome." Ibid. Furthermore, the Strickland test applies to … show that counsel's assistance was not "within the range of competence demanded of attorneys in criminal cases." Id. at …
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… Johnson-Trammell pled guilty to second-degree conspiracy to commit aggravated assault, N.J.S.A. 2C:5- 2(a)(1) and … be sentenced in the third-degree range and that it would recommend a sentence of five years in prison with periods of … N.J.S.A. 2C:12-1(b)(1); second- degree conspiracy to commit aggravated assault; and weapons offenses. In May …
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… He stated he first saw petitioner in June 2015. Petitioner complained of weakness and pain in her "distal [right] … and signs of carpal tunnel. He explained carpal tunnel is a common condition in a person's wrist and fingers "depending … of the patient, reviewed twenty-seven neurological bullet points, tested twelve nerves that go to the brain, checked …