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… indigent nor a non-indigent defendant must show that the outcome would have been different had he been represented. The … and Matthew R. Marotta, on the briefs). Patrick F. Galdieri, II, Assistant Prosecutor, argued the cause for … indigent when he entered his 1994 guilty plea. The State points out that an “indigent defendant” entitled to the …
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… appeal is whether a civil defendant sued by an insurance company for violating the Insurance Fraud Prevention Act … 17:33A-7(a). The IFPA does not set forth equitable remedies for private-party insurance actions, but that does not … presented any written or oral statement as part of, or in support of or opposition to, a claim for payment or other …
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… defendant John Tate provided an adequate factual basis supporting his plea of guilty to fourth-degree child abuse. … aggravated criminal sexual contact for acts he allegedly committed between September and November 1999, while serving … the State agreed to dismiss the remaining charges and recommend a sentence of time served. During the plea hearing, …
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… of Operating Engineers, Local 68 (Local 68); for Belmar the Communications Workers of America, AFL-CIO (CWA); and, for … each municipality obtained approval from the Civil Service Commission (Commission) for a layoff plan. Keyport’s plan … entity employer demonstrate the necessary fiscal urgency to support a finding that the layoff action was non-negotiable …
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… supra, 195 N.J. at 173-74. Additionally, widely-read commentary existing at the time of defendant’s appeal warned … retroactively on collateral review, such as on PCR. It points out that the Court in Moore “made the broad … prosecution and construed the factual setting of Moore to support that statement of law. See Rodriguez, supra, 392 …
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… protruding from the center console. Bryant then heard a commotion and realized defendant was attempting to flee. … activity was afoot, reasonable suspicion sufficient to support a stop required more. Thus, the panel determined … to justify a limited vehicle protective frisk. The State points to the recent United States Supreme Court decision in …
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… may not have been summarized). In the Matter of Civil Commitment of D.Y. (A-42-12) (071464) Argued November 19, … may represent himself or herself, provided that the support of retained or appointed standby counsel is … and content of his own defense, to make motions, to argue points of law, to participate in voir dire, to question …
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… At about 3:20 a.m. on November 24, 2007, Officer Wayne Comegno observed, momentarily, defendant David Gibson … HELD: There is insufficient evidence in the record to support a finding that Officer Comegno had probable cause to … ‘trespassing’ denote different types of conduct.” Gibson points out that “‘loitering’ is commonly understood to mean …
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… the Court considers whether plaintiffs’ expert adequately supported his asserted standard of care, and a breach … expert concluded that defendants’ inspectors had properly complied with NFPA 25, which did not require them to … care, a standard that requires precautions beyond compliance with NFPA 25. He concluded that defendants’ …
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… and informal landlord status did not suffice to give her common authority over defendant’s bedroom. Thus, the failure … ability to consent to a search when the consenter has common authority for most purposes over the searched space. … contrary to the majority’s assertion, its holding is unsupported by federal search and seizure jurisprudence …
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… v. Kelvin Williams (A-8-12) (071306) [Note: This is a companion case to State v. Christopher Dekowski, also filed … “I have a bomb” and “Give me the money” was insufficient to support a finding of guilt on the first-degree robbery … a real bomb affixed to his neck and torso. United States v. Diehl- Armstrong, 739 F. Supp. 2d 786, 788 (W.D. Pa. 2010), …
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… NOT FOR PUBLICATION WITHOUT THE WRITTEN APPROVAL OF THE COMMITTEE ON OPINIONS EAST NEWARK TOWNE CENTER, LLC, and … of the Redevelopment Plan, including preparation of studies, reports, and for planning and legal professionals. * * … the case of City of Asbury Park v. Asbury Park Towers, in support of their contention that a public. entities' …
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… 1 NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS SUPERIOR COURT OF NEW JERSEY CHANCERY … access to those neighboring properties. In fact, 680 LLC points out that it had to obtain Court orders from this … necessary can be accomplished by some less onerous expedient.” Id. Coty argues that a receiver is necessary to …
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… offense of simple assault. When the court asked counsel for comments on the proposed jury instructions, defense counsel … .” Therefore, the majority concluded that such “evidence supports a conviction of simple assault” and “discern[ed] no … basis in the evidence to support the instruction. Defendant points out that defense counsel asked the court to instruct …
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… time, concerns a family embroiled in a litigation that commenced 15 years ago. The Court provided an extensive and … discretion to consider such statutory and equitable remedies as may be appropriate to this setting.” Id. at 383-84. … simply failed to reach “a reasoned, just and factually supported conclusion.” The Appellate Division also took …
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… 1 NOT TO BE PUBLISHED WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS STEADFAST INSURANCE COMPANY and IRONSHORE SPECIALTY INSURANCE COMPANY, … The Plaintiffs filed a motion to seal three exhibits in support of its Motion to Compel Production of Discovery …
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… NFI’s security manager, James Matlock, signed criminal complaints against Trident’s principals. An assistant … of crime victims “[t]o be informed about available remedies” and “[t]o be compensated for their loss whenever … Rule of Professional Conduct.” In the dissent’s view, the points were “substantively without merit and unsupported by …
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… RPMS began to invoice Heritage for management services, computed as the hourly rates of RPMS's employees for … not provide any industry averages or similar standards to support his conclusion. Overall, Judge Francis concluded … reformation applied to the leases as extended. Plaintiff points out that the judge awarded monetary damages as a …
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… NOT FOR PUBLICATION WITHOUT APPROVAL OF THE TAX COURT COMMITTEE ON OPINIONS TAX COURT OF NEW JERSEY Patrick DeAlmeida R.J. Hughes Justice Complex Presiding Judge P.O. Box 975 25 Market Street … additional evidence to be submitted by plaintiffs in support of their previously denied motions for summary …
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… * NOT FOR PUBLICATION WITHOUT APPROVAL OF THE TAX COURT COMMITTEE ON OPINIONS ____________________________________ … 2 September 2011. Also at issue is the New Jersey gross income tax (“TGI”) imposed upon the individual plaintiffs, … a presumption of correctness untenable since it “would support the most arbitrary of assessments so long as the …