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njcourts.gov
… Gornowski summary judgment and dismissing plaintiff's complaint. We affirm. The following facts are taken from the … planted the tree, which caused the sidewalk to buckle and become raised. The judge found the evidence of the parties … maintained in a safe manner. In his reply brief, plaintiff points to another unpublished decision where another panel …
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njcourts.gov
… and one year suspended driver's license, in addition to accompanying fees. This appeal followed. Defendant raises the … N.J. 391, 419 (2004) (quoting Manalapan Realty, LP v. Twp. Committee, 140 N.J. 366, 378 (1995)). "Our courts have … be based upon findings of fact that are grounded in competent, reasonably credible evidence." State v. Roth, 95 …
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njcourts.gov
… not apply to some of the convictions, we vacated the NERA component of the sentence and remanded the matter for … at 687). To satisfy prong one, [a defendant] ha[s] to overcome a strong presumption that counsel exercised reasonable … probability" that the deficient performance affected the outcome. Fritz, 105 N.J. at 58. "A reasonable probability is a …
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njcourts.gov
… Begelman, Orlow & Melletz. We affirm. We consider the points of error 1 Formerly known as Begelman, Orlow & … to prevail only if he can show, in conformity with the common law authority dealing with lost wills, that the … filed this collection action against Ehrlich. Ehrlich's complaint alleged that Melletz's success representing him on …
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njcourts.gov
… to vacate a final judgment of foreclosure and dismiss the complaint. We affirm. I. In August 2005, defendant borrowed … payments. In July 2013, PNC Bank filed a foreclosure complaint. Defendant subsequently filed a contesting answer. … filed opposition and a cross-motion to dismiss the complaint. The court denied defendant's cross-motion, …
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njcourts.gov
… of second-degree possession of a firearm in the course of committing a drug offense within 1000 feet of school … which stated 6 A-5571-14T3 "We cannot move ahead. Can't come to a decision." Instead of delivering a Czachor1 … and Gentlemen, this wasn't a long case and it wasn't a complicated case either. The facts are the facts. Everybody …
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njcourts.gov
… turn to extrinsic evidence, 'including legislative history, committee reports, and contemporaneous construction.'" … suspension resulting from the violation, the defendant commits a violation of N.J.S.A. 2C:40- 26(b). There is … of the act.'" Ibid. (first quoting Craster v. Bd. of Comm'rs of Newark, 9 N.J. 225, 230 (1952); then quoting In …
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njcourts.gov
… officer discovered a sample of defendant's DNA in the Combined DNA Index System (CODIS) due to defendant's prior … the State's testifying expert, and should have retained a competing DNA expert. The trial court denied PCR without an … actor is guilty of aggravated sexual assault if the actor commits an act of sexual penetration with another person …
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njcourts.gov
… The Board conducted a multi-day hearing, and issued a comprehensive thirty-two page written decision. The history … in attorneys' fees. 2 This statute states that a person commits a crime of the third-degree if he photographs or … health evaluation. Thereafter, the Board filed a verified complaint against Jitan seeking the suspension or permanent …
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njcourts.gov
… The Board conducted a multi-day hearing, and issued a comprehensive thirty-two page written decision. The history … in attorneys' fees. 2 This statute states that a person commits a crime of the third-degree if he photographs or … health evaluation. Thereafter, the Board filed a verified complaint against Jitan seeking the suspension or permanent …
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njcourts.gov
… as moot plaintiff Rodney Kelly's self-represented complaint against defendants Burlington County Sheriff, the … at the time of the hearing. Fundamentally, "the points of divergence developed in proceedings before a trial … in the record. Plaintiff sets forth numerous argument points; those we have not specifically addressed lack …
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njcourts.gov
… the following point for our consideration. POINT I THE COMMISSIONER OF THE [DEPARTMENT] HAD THE ABILITY TO REMEDY … if the public health emergency: (1) arises as a result of a communicable or infectious disease; and (2) results in … between classes of prisoners based on the offenses they committed and their release dates, is unavailing. A …
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njcourts.gov
… and motion substantially for the reasons set forth in the comprehensive written opinion issued by Judge Edward J. … to support the conclusion 4 A-0281-22 that the crime was committed in New Jersey." Id. at 29. The Court then remanded … opinion denying defendant's third PCR petition. In a comprehensive opinion, Judge McBride reviewed and analyzed …
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njcourts.gov
… 3 A-1658-23 In April 2005, plaintiff was involuntarily committed into Bergen Regional, a mental health facility. … 124 N.J. 398, 412 (1991)).] Plaintiff asserts eighteen points in support of his appeal from the December 8, 2023 order, and nineteen points in support of his appeal from the December 12, 2023 …
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njcourts.gov
… testify and he stated he had made his choice not to testify freely. The judge then separately confirmed trial counsel … not properly consult defendant. In fact, after the State completed its case, the judge granted defendant's request … because his testimony likely would not have countered the combined weight of S.L.'s testimony and his own confession. …
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njcourts.gov
… Petitioner appeals the Board's final decision, arguing two points: the incident was undesigned and unexpected; and the … factors. [Allstars Auto. Grp., Inc. v. N.J. Motor Vehicle Comm'n, 234 N.J. 150, 157 (2018) (quoting In re Stallworth, … that [t]he undesigned and unexpected event . . . was the combination of unusual circumstances that led to Moran's …
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njcourts.gov
… it appears the request was granted based on the court's comments at the time of the request and the record reflects … Jen took offensive action in March 2023, by filing a complaint under N.J.S.A. 4 A-0926-23 9:2-92 to obtain … v. M.M., 189 N.J. 261, 288 (2007). As the Law Guardian points out, the "[c]ustody of a child 8 A-0926-23 is not 'a …
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A-17-24 Respondent Response To Amicus Brief
Briefs
njcourts.gov
… ATTORNEY FOR PLAINTIFF-RESPONDENT RICHARD J. HUGHES JUSTICE COMPLEX TRENTON, NEW JERSEY 08625 JENNIFER E. KMIECIAK …
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njcourts.gov
… 1 "An 'open plea' [is] one that d[oes] not include a recommendation from the State, nor a prior indication from the … [himself] and plea counsel." 4 A-2526-21 "would never come to court to testify" against him. Defendant asserted … the acts or omissions of counsel of which a defendant complains must amount to more than mere tactical strategy. …
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njcourts.gov
… As part of the plea agreement, the State agreed to recommend a sentence of ten- to twelve-years' incarceration … he would be required to serve a special sentence of community supervision for life (CSL) under Megan's Law. On … alleging counsel failed to: investigate all witnesses; communicate with him; file a motion challenging the …