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… for post-conviction relief (PCR). He argues the following points: POINT I THE PCR COURT ERRED IN NOT HOLDING AN … Construction Site Owner, "[i]t is simply not possible [to commit such an assault] from the layout of the house, and go … failed to properly investigate and review the case and had committed errors that cumulatively denied defendant …
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… 2018 Family Part order denying her post-judgment motion to compel plaintiff Lawrence R. Berkowitz to contribute to … in 1988 and Zachary, born in 1992. The children have now completed college and are emancipated. The parties were … and cross-appeal followed. Defendant raises the following points: I. THE TRIAL COURT ABUSED ITS DISCRETION IN FAILING …
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… 2005). As to this last point—the imposition of a duty—the common law on premises liability for residential property … Prior to 1981, our courts did not distinguish between commercial or residential property owners. That is, commercial and residential property owners in this State, at …
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… the State's motion for reconsideration to allow fresh complaint testimony. For the reasons that follow, we affirm, … made by Linda to her parents, pursuant to the fresh complaint doctrine.2 The motion judge heard the testimony of … initials and pseudonyms when referring to defendant, the complaining witness and her family members, pursuant to …
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… probability" that the deficient performance affected the outcome. Fritz, 105 N.J. at 58. Under those standards, we find … the proper language for a certification in lieu of oath, in compliance with Rule 1:4- 4(b), appeared above T.M.'s … [defendant] because he made $60,000 a year. She wanted to become a legal citizen and after she did she was trying to get …
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… PCR petition was withdrawn without prejudice pending the outcome of the appeal. In 2017, we affirmed defendant's … court denied the petition following oral argument. In its comprehensive written opinion, the PCR court found that … issue was that defendant certified he would have been "'compelled' to accept the State's (non-existent) plea offer." …
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… Gooden Brown. On appeal from the New Jersey Civil Service Commission, Docket Nos. 2013-2273 and 2013-2274. Shirley … Attorney General, attorney for respondent Civil Service Commission (Dominic Larue Giova, Deputy Attorney General, on … 21, 2017 final agency decision of the Civil Service Commission (Commission), adopting the initial decision of …
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… the ground and told him he was under arrest. Fuller did not comply; instead, he ran for the front door. Petrosky yelled … As part of that plea agreement, the State agreed to recommend that the twelve other charges against defendant be … arrest and directed him to get on the floor. Instead of complying with that order, Fuller ran out the front door …
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… 393, 403–04 (2015) (citing Manalapan Realty, L.P. v. Twp. Comm., 140 N.J. 366, 378 (1995)). The Court in Tate … cautioned, "it is essential to elicit from the defendant a comprehensive factual basis, addressing each element of a … right to a trial in this matter. That you have the right to compel the State to prove your guilt beyond a reasonable …
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… the description and informed him he was the subject of a complaint by GameStop. They asked him to return to the store … the shoplifter at his store. An employee of the rental car company testified, identifying defendant as the person who … transactions connected together or constituting parts of a common scheme or plan. Relief from prejudicial joinder shall …
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… a December 12, 2018 order that dismissed plaintiff's complaint. The motion judge reconsidered after he stated he … being taken." The problem raised by counsel was remedied by the judge proposing without objection that he enter … condemned," N.J.S.A. 20:3-8, N.J.S.A. 20:3-2(j), and appoints "three commissioners to determine the compensation to …
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… his trial counsel did not file appropriate motions or complete the investigation prior to the plea-cutoff date, … he received and rejected a plea offer. The offer was to recommend defendant serve nine (apparently amended to eight) … the plea offer should be reopened because she was unable to communicate [the proposed witness's] unhelpfulness to …
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… corporation which operates a five-unit condominium complex in Ocean City. On January 18, 2012, plaintiffs filed … "[b]ad faith and assertion of an unreasonable position." Diehl v. Diehl, 389 N.J. Super. 443, 455 (App. Div. 2006). Our review …
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… 230-232 SUMMER STREET, LLC, a New Jersey Limited Liability Company, Plaintiffs-Appellants, v. CITY OF PATERSON, a … by deed to 230-232 Summer Street, LLC, a limited liability company in which he was the sole member.1 The deed — from … limit the City's options on how to proceed. The City also points out that the April Notice is the form notice that …
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… for $380 in rent, each. Donna also testified about being uncomfortable around the men her mother 8 A-1382-19 knew, … work, but she refused to go with him because she felt uncomfortable. De Pareja testified Donna was signed out of … is limited. When a trial court's fact-finding is based on competent, material and relevant evidence, we ordinarily …
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… factors found by the sentencing court were not based upon competent and credible evidence in the record; or (3) "the … factor three, the risk defendant will 15 A-1571-19 commit another offense, N.J.S.A. 2C:44-1(a)(3), ostensibly …
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… used any force or coercion. On or about May 13, 2013, a complaint was issued for defendant’s arrest stemming from … N.J.S.A. 2C:24-4(a). On or about May 21, 2013, another complaint was issued that charged defendant with an … the State agreed to dismiss the remaining counts in the complaints. The State also agreed to recommend probation …
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… after a jury found him guilty of fourth-degree violation of community supervision for life (CSL), N.J.S.A. 2C:43-6.4(d), … day to the parole office in New Brunswick to discuss his noncompliance. Defendant 3 A-4583-18 advised Cusumano he would … in Manville, knowingly violated the terms and conditions of community supervision for life by failing to report to his …
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… deed was subdivided into eighteen lots. A nineteenth lot is comprised of land both in the deed- restricted area and … the restrictions in the 1928 deed. A title report and commitment for title insurance obtained by defendants prior … was pending, on May 15, 2017, plaintiffs filed a complaint in the Chancery Division seeking to enforce the …
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… A-1460-19 STATE OF NEW JERSEY, Plaintiff-Respondent, v. EDDIE V. DAVIS, Defendant-Appellant. _______________________ … other cases is limited. R. 1:36-3. 2 A-1460-19 Defendant Eddie V. Davis appeals the denial of his petition for post- … his direct appeal, defendant argued the jury charge was not complete because the court did not provide the jury with an …