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- njcourts.gov… circumstances' because '[a]s time passes, justice becomes more elusive and the necessity for preserving finality … the extent of the 7 A-3829-18T1 delay" unless there are "compelling, extenuating circumstances." Ibid. To establish a … ending and could result in defendant's deportation did not commence until 2008. There was nothing preventing his …
- STATE OF NEW JERSEY VS. JERMAINE S. FOSTER (11-06-1212, MONMOUTH COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… probability" that the deficient performance affected the outcome. Fritz, 105 N.J. at 58. We find no merit to defendant's … that he did not have the 7 A-1878-18T1 intent to commit an offense. Such a state of affairs will likely exist … murder charge is meritless. The attempted murder was committed with the gun possessed by defendant, and the …
- njcourts.gov… an act of fellatio. Under the plea agreement, the State recommended that defendant be sentenced in the third-degree … probability" that the deficient performance affected the outcome. Fritz, 105 N.J. at 58. Defendant argues in his merits … we are satisfied that the clear terms of plea form in combination with the trial court's colloquy with defendant …
- njcourts.gov… the facts from the record developed on the motions to compel discovery and dismiss ARF's pleadings. The record … in Woodbridge (the Property). In June 2017, Seaside filed a complaint seeking to quiet title to the Property and declare … Mortgage. In September 2017, ARF also filed a third-party complaint against Seaside, its members – Walter Jakovcic and …
- STATE OF NEW JERSEY VS. NIKITA CARDWELL (13-02-0043, MIDDLESEX COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… charged in an indictment with second-degree conspiracy to commit bribery in official matters, official misconduct, and … contacted Ashley to confirm the transaction had been completed. Ibid. Dawson walked two blocks to where defendant … Strickland test." On appeal, defendant raises the following points: 12 A-2964-18T1 POINT I BECAUSE DEFENDANT RECEIVED …
- njcourts.gov… as if to retrieve or conceal something. Defendant did not come to an immediate stop. He continued and eventually … defendant to exit the vehicle and show his hands. Defendant complied, and Ledet patted him down. At this time, three … to dismiss all remaining charges in the indictment and recommended a total of ten 9 A-5130-17T4 years' imprisonment, …
- njcourts.gov… MARIO GONZALEZ, Plaintiff-Respondent, v. LAUMAR ROOFING COMPANY, INC., Defendant-Appellant/ Third-Party Plaintiff, … relinquished their right to pursue common-law remedies in exchange for automatic entitlement to certain, but … reflected in the exemption is to provide an election of remedies only for the injured employee and his or her …
- SAMUEL CHERNIN VS. BETTER CHERNIN (FM-02-26072-90, BERGEN COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… the ensuing nineteen years, their relationship has . . . become the equal of that of a married couple. [Id. at 4]. As … week, dined together almost every night, traveled together, comingled their finances, treated one another's homes as … in place pending appeal. On appeal, plaintiff argues two points: I. There are changed circumstances with respect to …
- CHRISTINE DALENA VS. DANIEL T. DALENA (FM-19-0071-12, SUSSEX COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… agreement (PSA), as well as in entering the orders that compelled his payment of counsel, mediation and late fees. … live with Christine in the marital home. Christine filed a complaint for divorce in 2011; Daniel filed a counterclaim … from high school and reaching the age of eighteen "or the completion of four . . . continuous academic years of …
- njcourts.gov… 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 … the mortgage default. Accordingly, ARLP filed a foreclosure complaint in January 2016. After denying several motions to …
- njcourts.gov… the reasons outlined in Judge Guy P. Ryan's thoughtful and comprehensive written opinion. On July 24, 2010, defendant … On July 19, 2011, a few weeks before his trial was due to commence, defendant successfully moved to be removed from … for defendant's guilty pleas, the State agreed to recommend dismissal of thirteen counts of the indictment, …
- IN THE MATTER OF BOROUGH OF CARTERET, ET AL. (PUBLIC EMPLOYMENT RELATIONS COMMISSION) - Unpublished Opinionsnjcourts.gov… On appeal from the New Jersey Public Employment Relations Commission, PERC No. 2020-23. Gregory J. Hazley argued the … cause for respondent New Jersey Public Employment Relations Commission (Christine Lucarelli, General Counsel, attorney; … work schedule to twenty-four hour shifts following the completion of their fire fighter training. The Borough filed …
- STATE OF NEW JERSEY VS. ALTON BRYANT (84-06-2028, ESSEX COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… 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 …
- LVNV FUNDING, LLC VS. OLGA VALDES (DC-000905-04, BERGEN COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… 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." … statement" for our consideration on appeal: whether Khan committed a fraud upon the Superior 5 Defendant's reply was …
- njcourts.gov… 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 …
- njcourts.gov… 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 …
- ALEXANDREA REZNIK VS. EDUARD REZNIK (FM-02-0506-19, BERGEN COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… 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 …
- njcourts.gov… . . .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 …
- njcourts.gov… 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 …
- njcourts.gov… 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 … domestic violence, the PDVA makes available expansive remedies 'designed for the protection and safety of the …