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… Public Defender, attorney for appellant (Monique Moyse, Designated Counsel, on the brief). Christopher J. … counsel's only advice was "that the plea was the best outcome" without ever discussing "any other possible outcome … correct immigration status. Applying these guiding principles, we are satisfied that defendant failed to make a prima …
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… Public Defender, attorney for appellant (Howard E. Drucks, Designated Counsel, on the brief). Jill S. Mayer, Acting … to make evidence-based arguments related to mitigation, competency, and capacity. Judge Gwendolyn Blue found … were not—which is not the case—they are substantively meritless. Defendant failed to satisfy the two-pronged test …
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… STATE OF NEW JERSEY, Plaintiff-Respondent, v. IRVIN MORALES, Defendant-Appellant. ________________________ Submitted … Defender, attorney for appellant (Andrew R. Burroughs, Designated Counsel, on the briefs). Francis A. Koch, Sussex … He also appeals from the concurrent denial of his motion to compel DNA testing of certain crime scene evidence. We …
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… Public Defender, attorney for appellant (Mark Zavotsky, Designated Counsel, on the brief). Christopher J. … the record in light of the applicable legal principles, we affirm. The charges arose from a fatal motor vehicle … strategy fails to obtain for a defendant the optimal outcome is insufficient to show that counsel was ineffective. …
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… from the Superior Court of New Jersey, Law Division, Middlesex County, Indictment No. 11-06- 0923. Joseph E. Krakora, … Public Defender, attorney for appellant (Kisha M. Hebbon, Designated Counsel, on the brief). Yolanda Ciccone, … the State to enter graphic photographs of the victim, committed reversible error by instructing the jury that …
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… UNION FINANCIAL, LLC and WESTCOR LAND TITLE INSURANCE COMPANY Defendants-Respondents, and MERS and ARMANDO B. … 176, 183 (App. Div. 2012). However, "'a court may take a less rigid view' of the Crowe factors . . . 'when the interlocutory injunction is merely designed to preserve the status quo.'" Waste Mgmt., 433 N.J. …
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… from the Superior Court of New Jersey, Law Division, Middlesex County, Indictment Nos. 14-03- 0238, 14-04-0474, … Public Defender, attorney for appellant (Monique Moyse, Designated Counsel, on the brief). Yolanda Ciccone, … third-degree burglary and third-degree conspiracy to commit burglary under Indictment No. 14-04-0474; …
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… THE PLEADING STAGE WAS ERRONEOUS, AS DEFENDANT'S PETITION COMPLIED WITH PROCEDURAL/TIMELINESS REQUIREMENTS AND HAD … explains the procedures for handling PCR petitions. The Rules are silent, however, with respect to whether and in what … In light of what is at stake for a defendant, a safeguard designed to ensure that a defendant was not unjustly …
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… Defender, attorney for appellant (Andrew R. Burroughs, Designated Counsel, on the brief). Damon G. Tyner, Atlantic … first-degree armed robbery, second-degree conspiracy to commit armed robbery, second-degree possession of a weapon … See State v. Preciose, 129 N.J. 451, 460 (1992). Nonetheless, the dismissal of defendant's petition was correct. We …
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… argues that the motion judge erred because the warrantless search was unreasonable and, thus, its fruits should … him to keep his hand away from his pocket. Despite this command, defendant kept placing his hand over his right … and "must 'be confined in scope to an intrusion reasonably designed to discover guns, knives, clubs, or other hidden …
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… cloth. Pinheiro then notified Sergeant J. Reynolds who compiled the preliminary incident report. On June 4, 2019, … examination may be requested by the Administrator or designee: 1. When there are issues of credibility regarding … a polygraph is discretionary and will not be reversed unless arbitrary, capricious or unreasonable. Id. at 24. The …
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… Veasey, Deputy Public Defender, of counsel; Laura M. Kalik, Designated Counsel, on the briefs). Gurbir S. Grewal, … did not wish to participate in this program. B.C. also commented that she suspected the children's school referred this matter to the Division in retaliation for her complaining her daughter was bullied in school. In May 2018, …
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… Public Defender, attorney for appellant (Frank M. Gennaro, Designated Counsel, on the brief). Theodore N. Stephens II, … offered or how their testimony could have affected the outcome of the case. The court stated that defendant's … ASSISTANCE OF COUNSEL A. THE PREVAILING LEGAL PRINCIPLES REGARDING CLAIMS FOR INEFFECTIVE ASSISTANCE OF COUNSEL, …
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… to the defendants for relocation assistance. Because the complaint was improperly filed, we dismiss the complaint … evictions by limiting the bases for their removal.'" Magiles v. Estate of Guy, 193 N.J. 108, 121 (2007) (quoting 447 … those residents with funds to relocate, section h is designed to protect evicted tenants from the hardships of …
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… On appeal from the New Jersey Public Employment Relations Commission, Docket No. CO-2018-269. Robert A. Muccilli … faculty workdays per year, including those days that are designated as "student contact days." The agreement is … prerogative" of the Board. See Bd. of Educ. v. Woodstown- Pilesgrove Reg'l Educ. Ass'n., 81 N.J. 582, 592 (1980); …
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… contracted sale price for the license constituted fraud "designed to induce [p]laintiff to accept less than the full … POINT I THE COURT ERRED IN DETERMINING THAT [DEFENDANT] COMMITTED EQUITABLE 6 A-2339-19 FRAUD. a. Legal Standard for … testified that defendant represented he had various other creditors beyond plaintiff, with whom defendant "had …
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… Defender, Law Guardian, attorney for minor (Margo Hirsch, Designated Counsel, on the brief). PER CURIAM Defendant … trial, entered the judgment, and rendered a thoughtful and comprehensive decision. On appeal, the mother argues: [POINT … A-0657-20 also stated that the record is replete with examples of the mother's unwillingness to submit to urine …
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… Public Defender, attorney for appellant (Mark Zavotsky, Designated Counsel, on the brief). William A. Daniel, Union … quotation marks omitted). In light of these guiding principles, we reject defendant's argument that trial counsel … raised and rejected on direct appeal). Defendant cannot overcome the procedural bar by attiring the same arguments as an …
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… defendant's arguments at length. We add the following comments. Rule 7:6-2(b) provides "[a] motion to withdraw a … defendant's repetitive unlawful conduct must cease and that future offenses will not be treated lightly. We add that the … in fatal crashes. Strict enforcement of our DWI laws is designed to deter and prevent such foreseeable tragedies. We …
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… the mortgage by recoupment because the original mortgage company failed to accurately disclose certain charges and he … defendant's motion to amend, finding any amendment would be futile. The court granted summary judgment to plaintiff. … to "maintain policies and procedures that are reasonably designed to achieve" certain objectives. 12 C.F.R. § …