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… over the phone." Starx and Lewis were each charged with committing prohibited act *.004, fighting with another … of recreational privileges, and the loss of ninety days of commutation time. On the adjudication form, the hearing … Starx argues that: (1) his disciplinary hearing "did not comport with all procedural due process requirements"; (2) …
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… include Senyszyn's answer and counterclaims to plaintiffs' complaint, nor does it indicate what relief he seeks. 3 … 2017, plaintiffs sought to enforce the consent order to compel arbitration. In a November 17, 2017 order, the trial court compelled arbitration in accordance with the 2006 settlement …
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… defendant. Ten days later, plaintiff amended his TRO complaint to include allegations of defendant's abusive … plaintiff contended he needed an FRO based on defendant committing the predicate acts of cyber harassment, N.J.S.A. … evidence. See Cesare, 154 N.J. at 411-12. All other points raised by defendant lack sufficient merit to warrant …
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… A.D. and D.D., appeals from an order dismissing her complaint against defendant Donald R. Ayusa and Campbell's … court mistakenly exercised its discretion in dismissing the complaint with prejudice, we reverse. This case arose out of … back seat of her car. All suffered injuries. Plaintiff's complaint was dismissed without prejudice in August 2019 …
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… reasoned written opinion. We add only the following brief comments. Following a six-day jury trial, defendant was …
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… 16, 2020 order granting defendants' "motion to dismiss the complaint in lieu of [filing an] answer." Judge Mary F. … 128 N.J. 250, 261 (1992). We must "consider whether the competent evidential materials presented, when viewed in the … May 22, 2020, alleging that defendants' failure to file a complaint prior to the expiration of the statute of …
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… 3:21-10(b) because of a mistaken belief defendant had not completed his mandatory period of parole ineligibility by … a Rule 3:21-10(b) exception applied, because defendant had completed his mandatory minimum sentence by April 2020, when …
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… certain consequences under Megan's Law, one of which was "community supervision for life." The prosecutor corrected … sexual assault charge in the 2009 accusation. The State recommended a suspended sentence for five years. During the … advised the court that he and defendant were in frequent communication and defendant understood "that Megan's Law …
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… multi-apartment dwellings.” The officers then searched the common areas for weapons and the suspect. Estevez and … that while he was standing in the doorway, still in the common hallway, he looked into defendant’s room as defendant … that defendant did not have a privacy right as to the common hallway and that, in light of Estevez’s plain-view …
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… denying its motion for summary judgment, and dismissing its complaint against defendants Imad Mirza and Cape Regional … (2011). In this case, we conclude that barring plaintiff's complaint under the entire controversy doctrine gave … violation of Rule 4:5-1(b)(2). Hence, dismissing the complaint was a mistaken application of discretion. …
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… in a written opinion. R. 2:11-3(e)(2). We add only a few comments. Defendant first argues that the presence of his … a reasonable doubt such object had been touched during the commission of the crime." State v. Watson, 224 N.J. Super. … that the defendant, who had never resided in the apartment complex, 224 N.J. Super. at 358, had apparently climbed a …
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… to dismiss the remaining counts of the indictment and to recommend a five-year custodial sentence with a five-year … written decision. We amplify that conclusion with a few comments. Under the Sixth Amendment of the United States … ("CDS") with intent to distribute it, provided defendant complied with the requirements of probation. Defendant …
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… and second-degree aggravated assault, and conspiracy to commit robbery. Defendant and several cohorts attacked a man … he did not adequately advise him about a plea offer; he recommended that he not testify in his own defense; and he did … cogent written opinion. We add the following brief comments. 5 A-2294-16T2 With respect to the plea offer, …
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… eligible to file a petition for expungement following the completion of the sentence. On August 14, 2013, the … makes the punishment of a crime more burdensome after its commission; or (3) deprives a defendant of a defense that was available when the crime was committed. State v. Muhammad, 145 N.J. 23, 56 (1996) (citing …
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… 2:11-3(e)(1)(E), and affirm. We add only the following few comments. Parents have a constitutionally-protected right to …
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… from a Family Part order denying his request for a judgment compelling defendant NOT FOR PUBLICATION WITHOUT THE … to her, and related relief. We affirm. I In plaintiff's complaint, he alleged the parties cohabited for a period, … or execute a mortgage evidencing her debt to him. In his complaint, he sought various remedies for breach of …
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… without an evidentiary hearing for reasons expressed in a comprehensive written opinion. The judge properly set forth … probability" that the deficient performance affected the outcome. Fritz, 105 N.J. at 58. "A reasonable probability is a probability sufficient to undermine confidence in the outcome." State v. Pierre, 223 N.J. 560, 583 (2015) (quoting …
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RECORD IMPOUNDED SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-4721-15T3 STATE OF NEW JERSEY, Plaintiff-Respondent, v. FRANKLIN GUAMAN, Defendant-Appellant. ___________________________ Submitted April 10, 2018 – Decided Before Judges Gilson …
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… years in prison. Defendant claims he did not receive the recommended sentence of NOT FOR PUBLICATION WITHOUT THE … In accordance with the plea agreement, the State would recommend a sentence of seven years in prison with forty-two … drug court. In anticipation of the plea hearing, defendant completed the plea forms. The forms included a handwritten …
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… told him prior to the trial that the State had offered to recommend a fifteen-year prison term if he agreed to plead … without conducting an evidentiary hearing to evaluate the competing certifications. We reversed and remanded for an … later offered first-degree aggravated manslaughter with a recommendation not to exceed twenty-four years subject to …