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njcourts.gov
… filing a petition for post-conviction relief (PCR). The Rules of Court do not authorize an order compelling discovery in this context, and defendant did not … for an exercise of the judge's inherent authority to compel discovery when justice requires. R. 3:13-2; R. …
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njcourts.gov
… of them signed a certification or affidavit in 2014 to accompany the PCR petition, contending that he or she had been … practice, he would not have presented alibi witnesses unless they were very convincing, because a weak alibi witness … by the alibi witnesses, especially since they did not come forward until four years after the trial, by which …
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njcourts.gov
… Demunguia admitted to his parole officer that he had become affiliated with the Pagans Motorcycle Club (Pagans) in … could not possibly belong to [the other occupant] as females are not permitted to be members of motorcycle clubs." … the Board, like those of other administrative agencies, unless they are "arbitrary, capricious or unreasonable or …
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njcourts.gov
… the Burlington County plea agreement, the State agreed to recommend a seven-year sentence, with three and one-half years … application of mitigating factor eleven, which would have lessened the length of her sentence. We reject defendant's …
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njcourts.gov
… possession for an unlawful purpose, in exchange for a recommended sentence of six years, with a three year parole … he later learned that Lane's advice was wrong, because unless his parents "included me on their naturalization papers … further attested that on the day he pled guilty, Lane visited him in the bull pen, and told him to just sign the …
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njcourts.gov
… the . . . Tribunal decision due to a mistake in law or computation thereby affecting the legal conclusion of the . … or malicious" and therefore the Tribunal could not find she committed "severe misconduct." See N.J.A.C. 12:17-2.1 (2015) … "shall be deemed to be the final decision of the [Board], unless further appeal is initiated pursuant to [N.J.S.A. …
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njcourts.gov
… homicide because his conduct was negligent not reckless. Our vehicular homicide statute requires the State to … tests on defendant, which he failed. Defendant also posited the theory that the victim's car had just pulled onto … "nor did [the court] respond to the jury's questions by comparing recklessness with other mental states." Id. at …
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njcourts.gov
… is one who "tells on a certain individual after they committed a crime, and anything . . . can happen to that snitch." He further stated that, in his community, snitches are viewed as "a threat to society that … use the knife in self-defense arose. A-0054-16T4 6 Nonetheless, he claims this reason alone required the court to …
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njcourts.gov
… order). In December 2015, plaintiff filed a verified complaint in Essex County, where defendant resides with … judging it against the appropriate standard and the principles reviewed, we affirm the motion judge's decision. We add … determination that plaintiff failed to establish the requisite changed circumstances. In addition, we find no abuse of …
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njcourts.gov
… second-degree aggravated assault of another victim by recklessly causing serious bodily injury to her under … he would have accepted the State's plea offer, which had recommended a twenty-year aggregate custodial term. We affirm. … PCR petition, without an evidentiary hearing, in a comprehensive, fourteen-page written statement of reasons. …
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njcourts.gov
… Law Division judge denied defendant's motion to dismiss the complaint after rejecting defendant's argument that N.J.S.A. 2A:14-281 barred plaintiff from pursuing its complaint. 1 The statute provides in pertinent part: If, in … Ibid. (citations omitted). Applying these guiding principles, we agree with the motion judge's determination that the …
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njcourts.gov
… N.J.S.A. 2C:7-2(a), a provision in the Registration and Community Notification Law, N.J.S.A. 2C:7-1 to -11, also … charging him with offenses pertaining to his failure to comply with Megan's Law misstated the predicate offense did …
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njcourts.gov
… daughter was appointed his guardian in December 20141 and completed the form designating Future Care as E.M.'s … that could not be gathered until 1 We note the verified complaint for guardianship brought by counsel for Lakeview, … until the guardian's appointment). The ALJ found I.L. inapposite because in addition to this case having nothing to do …
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njcourts.gov
… 9:6-1 and N.J.S.A. 9:6-3. The State also filed a related complaint against defendant charging him with the petty … a consideration, weighing and balancing all of the requisite factors, including those personal to defendant as well … at 624-25 (alterations in original).] With these principles in mind, the judge found that defendant had not …
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njcourts.gov
… judgment and denying defendant's motion to dismiss the complaint, and an April 4, 2017 final judgment of … rights under the mortgage to plaintiff. Plaintiff filed a complaint for foreclosure four months later. Defendant filed … confer[s] standing." Deutsche Bank Trust Co. Ams. v. Angeles, 428 N.J. Super. 315, 318 (App. Div. 2012) (citing …
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njcourts.gov
… counsel was ineffective for failing to file a motion to compel discovery, namely, a surveillance video he claimed … Judge Sheila A. Venable heard oral argument and issued a comprehensive written opinion denying the petition.1 The … review. A PCR court need not grant an evidentiary hearing unless "a defendant has presented a prima facie [case] in …
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njcourts.gov
… Bernadette Harper, a New Jersey Manufacturers Insurance Company (NJM) insured, sustained injury to her lower back in … N.J.A.C. 11:3-29.5." Endo Surgi filed a Law Division complaint under N.J.S.A. 2A:23A-13 of the Alternative … because the procedure was reimbursable under Medicare rules. Both parties filed motions for summary judgment. On …
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njcourts.gov
… deficit hyperactivity disorder. She admitted hearing voices commanding her to harm herself and she was not compliant with her prescribed medications. DCPP … the hospital, K.R. acknowledged her mental illness and noncompliance with 4 A-0585-20 medication. K.R. stated that she …
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njcourts.gov
… appeals from the January 3, 2020 order, dismissing his complaint with prejudice for failure to state a claim. We … a pharmacy in Camden, demanded cigarettes, and when a salesclerk asked him for money, plaintiff lifted his shirt and … and sentence. On August 1, 2018, plaintiff filed a civil complaint against the State of New Jersey. The State moved …
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njcourts.gov
… of sexual assault of a victim who is at least thirteen but less than sixteen years old, contrary to N.J.S.A. … mitigating factors including that appellant successfully completed community supervision opportunities and did not receive any …