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… conclusions on issues of law. Manalapan Realty, LP v. Twp. Comm. of Manalapan, 140 N.J. 366, 378 (1995). We therefore … explained that the condition of the deck deviated from common construction and maintenance practice. The Codes … that caused [plaintiff's] fall. . . . A safe, code compliant fence along the open portion of the deck should …
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… violation of law punishable by a period of incarceration, commits an offense if, without lawful excuse, he fails to … flow from established facts." Manalapan Realty, LP v. Twp. Comm. of Manalapan, 140 N.J. 366, 378 (1995). 5 A-2197-16T3 … one clear and unambiguous result, the interpretive process comes to a close, without the need to consider extrinsic …
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… the illegal conduct and obtaining the evidence has become so attenuated as to dissipate the taint, the evidence … procedures would have been pursued in order to complete the investigation of the case; (2) under all the … The canine indicated the presence of drugs at several points on the vehicle. Back 2 These particular facts were …
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… there was a substantial likelihood that defendant would commit a new crime if released on parole at that time and … prior incarceration did not deter criminal behavior; commission of numerous, persistent, and serious … to ask and answer questions and to speak on several points, and listened to his answers, as evidenced by the …
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… of Intent to Foreclose, plaintiff filed a foreclosure complaint on November 4, 2015. Defendants filed a contesting … or an assignment of the mortgage predating the original complaint conferred standing on the 1 Specifically, a … "sufficient specificity as required by [Rule] 4:5-4[,]" noncompliant, the judge entered an order striking defendants' …
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… case information statement, merits brief, and all documents comprising NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE … identified. As a juvenile, A.M. pled guilty to what, if committed by an adult, would constitute a crime of … and six months of mental-health counseling, which he never completed. Four years later, while a special observer with …
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… defendant were not prosecuted. Defendant filed a motion to compel admission to PTI. The prosecutor's brief in … "The fourth degree offense that defendant is charged with committing . . . does not carry a presumption against … the decision "has gone so wide of the mark sought to be accomplished by PTI that fundamental fairness and justice …
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… MARK KOSCINSKI, Appellant, v. NEW JERSEY MOTOR VEHICLE COMMISSION, Respondent. _____________________________ … and Vernoia. On appeal from the New Jersey Motor Vehicle Commission. Mark Koscinski, appellant pro se. Christopher S. … June 27, 2016 final decision of respondent Motor Vehicles Commission (Commission), which increased the amount of a …
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… Special Civil Part when plaintiff Harry Gulutz filed a complaint against his former wife Karen Gulutz to collect … December 20, 2013 that "RESERVED" decision pending the outcome of a plenary hearing on all of the six specific … her the business K-1's for 2012 including any required compensation and same going forward . . . [t]he Plaintiff is …
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… his parental rights to these children before the trial commenced. The mother’s two oldest children are in the … at maintaining sobriety in the past despite successful completion of treatment programs; and (3) struggles with … there is substantial evidence the mother has not yet overcome her addiction to the point where these two young boys …
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… prior acts of domestic violence. Plaintiff also amended her complaint on the day of trial to add the alleged predicate … order that is entered today or in the future it becomes a criminal matter prosecuted by the prosecutor's … court found that action constituted harassment both as a communication under N.J.S.A. 2C:33-4(a), and an offensive …
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… PER CURIAM While the parties were married, they filed cross-complaints alleging domestic violence against each other. … the entry of the FROs occurred on October 28, 2016. M.T., accompanied by his niece, went to the parties' marital home to … based on C.T.'s testimony, 4 A-1437-16T2 found that M.T. committed the predicate acts of simple assault and …
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… trial court may grant summary judgment only where legally competent evidence establishes that "there is no genuine … both the public from the risk of harm and the utility companies from unnecessary losses." Jersey Cent. Power & … Prevention System" to protect underground facilities (commonly referred to as pipes, mains, or lines) because …
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… we find just cause for the seizure of the bag, we part company with the motion judge and conclude the search of the … considered to be in plain view if it can be seized without compromising any interest in personal privacy. Because … is, as Justice Stevens 7 A-1866-16T2 opined in Brown,3 "incomplete" because "[i]t gives inadequate consideration to . …
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… that the denial of a reasonable adjournment request compelled reversal. On this point, defendant urges us to … 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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… counsel was ineffective for failing to file a motion to compel discovery, namely, a surveillance video he claimed … Judge Sheila A. Venable heard oral argument and issued a comprehensive written opinion denying the petition.1 The … claim the sentencing judge was prejudiced as a result of comments made by the prosecutor during the sentencing …
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RECORD IMPOUNDED SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0623-16T4 STATE OF NEW JERSEY, Plaintiff-Respondent, v. R.L., Defendant-Appellant. _____________________________ Submitted December 14, 2017 – Decided Before Judges Simonelli …
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… acceptance into PTI is dependent upon an initial recommendation by the Criminal Division Manager and consent of … 19, 2016, the prosecutor responded to the ACDM's recommendation and noted his office's agreement with her … another state's diversionary program did not deter him from committing new offenses. He also cited defendant's four …
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… In the summer of 2007, plaintiff filed a divorce complaint. That July, defendant obtained a temporary … A-1103-16T2 the TRO, finding defendant's domestic violence complaint "frivolous." Before the divorce was finalized, the … the previous three years. Plaintiff filed a second divorce complaint in 2011, followed by a motion to enforce the PRA. …
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… the pertinent facts set forth in Judge H. Matthew Curry's comprehensive written opinion denying defendant's admission … a bookkeeper at the Land of Make Believe in Hope, defendant committed multiple acts of theft from her employer, including use of the company credit card for personal purchases. The total loss …