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… agreement did not specify a sentence the prosecutor would recommend. Instead, it provided, "Free to speak. Defendant to … defendant that it would reserve decision on the issue, and, ultimately, declared the new sentence would be consecutive. … to support such a conclusion. 11 A-5600-17T5 The court's ultimate determination that the mitigating factors …
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… defendant did not want to be home alone. The Division commenced a Title Nine protective services action on April … the best interests of the child controls[]" the court's ultimate decision. N.J. Div. of Youth & Family Servs. v. … have been met." G.L., 191 N.J. at 609. "The question ultimately is not whether a biological mother or father is a …
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… school is at full capacity and consequently unable to accommodate all of the students who fall within this … Law Judge (ALJ). The parties participated in discovery, and ultimately filed cross-motions for summary disposition, … in the opinion of the undersigned. It came very late in the process and more importantly on the eve of possibly deciding …
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… Anthony F. Picheca, Jr., entered the order and rendered a comprehensive and well-reasoned fourteen-page opinion. We … prejudiced by their failure to raise an argument that ultimately would have proved unsuccessful. Strickland, 466 … the State did not seek an extended term and defendant ultimately received the sentence contemplated in the …
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… not take Donna home, it could be considered abandonment. Ultimately, Rosa and Donna agreed to go back home, where a … for $380 in rent, each. Donna also testified about being uncomfortable around the men her mother 8 A-1382-19 knew, … POINT II: THE TRIAL COURT VIOLATED [ROSA]'S RIGHT TO DUE PROCESS BY BASING ITS ABANDONMENT JUDGMENT ON HER PERCEIVED …
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… dismissing without prejudice plaintiff's earlier-filed complaint seeking like relief. We agree with plaintiff that … 3) "a preliminary showing of a reasonable probability of ultimate success on the merits"; and 4) consideration of … than [three] days before 14 A-3023-19 requirements of due process of law are notice and an opportunity to be heard[,] …
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… an August 16, 2019 Law Division order denying his motion to compel entry into the Pretrial Intervention Program (PTI). … demonstrate[d] a lack of amenability to the rehabilitation process." As to factor four, "[t]he desire of the … restitution and defendant was willing to do so. The court ultimately concluded that while it did not agree with the …
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… before an administrative law judge (ALJ), the Assistant Commissioner of the Division of Child Protection and … asked him to perform field sobriety tests in the garage. Ultimately, Davenport determined Kevin was under the … conviction were the subject of appellate litigation that ultimately resulted in suppression of Kevin's and thousands …
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… Plaintiff James Kennedy, II, alleges in his March 2019 complaint that defendant Weichert Co. misclassified him and … proposed intervenor and an existing party share the same ultimate objective, the proposed intervenor must overcome a … 1086 (9th Cir. 2003). NJR has not demonstrated that its ultimate objective differs from Weichert's, or that its …
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… of Labor and Workforce Development, Division of Workers' Compensation, Claim Petition No. 2013-028255. Cipriani & … general, we have adhered to our understanding that "[t]he ultimate purpose . . . is to provide a dependable minimum of … 131 N.J. at 543. Reconstruction entails a two-step process. First the judge must determine if a petitioner …
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… the representation less than adequate nor prejudiced the outcome. Thus, we reverse. The familiar Strickland v. … if not two, before Howard saw a different man, the shooter. Ultimately, this strategy was unsuccessful. The … a head covering as the shooter did in this case. It was ultimately inconsequential that Davis did not know who shot …
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… In June 2017, plaintiff, an advertising agency, filed a complaint against defendant for unpaid fees, and served … to sign a personal guarantee and . . . certainly that ultimately was his downfall and, therefore, I'm directing a … statement from [plaintiff] with a balance due[.]" The judge ultimately concluded the invoice correlated with the sums …
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… incident), but rather pre-existed it.1 The Board issued a comprehensive eight-page written decision. We affirm. … left him with "structural weaknesses after the surgery." Ultimately, Dr. Lakin concluded that Hawkins's disability … decision to modify the ALJ's findings of law and its ultimate conclusions of law are adequately supported by the …
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… instructing the jury on a lesser-included offense as an accomplice. Defendant also argues that (4) the prosecutor … AS AN ACCOMPLICE DEPRIVED DEFENDANT OF THE RIGHT TO DUE PROCESS OF LAW AND A FAIR TRIAL. POINT V – THIS COURT SHOULD … suggested language to be added to the model flight charge. Ultimately, the court agreed and gave the charge with the …
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… of contract case, plaintiff Anello Fence, LLC filed a complaint in the Special Civil Part against defendant. The … fee-shifting provision of the CFA, "even if the plaintiff ultimately loses on his damage claim but does prove an … the fee-shifting provision of the CFA, even if the claimant ultimately loses on the damage claim. Sema v. Automall 46, …
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… Plaintiff Henry Chen appeals from the dismissal of his complaint with prejudice pursuant to Rule 4:23-5(a)(2). In … granted the motion. The trial court reviewed the two-step process under Rule 4:23-5. The judge concluded that … a measure of protection to the party who is faced with the ultimate litigation disaster of termination of his cause." …
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… judgments permitted plaintiff C.B. to proceed on separate complaints to adopt Daniel and Annie. C.B. is the husband of … in exercising control over their courtrooms' and have 'the ultimate responsibility of conducting adjudicative … D.B.'s rationale for wanting to remove his attorney but ultimately found D.B. provided an insufficient basis for …
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… (IAC), but concluded that defendant was deprived of due process by the court's failure to conduct a pretrial … the following point to us: POINT I BECAUSE TRIAL COUNSEL COMPETENTLY ADVISED DEFENDANT REGARDING EXTENDED TERM … The function of counsel cannot supplant the court's ultimate responsibility to convey these concepts and to …
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… TWO, LLC, DURAPORT REALTY FOUR LLC, and DURAPORT HOLDING COMPANY, LLC, Plaintiffs-Respondents, v. IMT STEEL, LLC, … of its business. IMT 6 A-3346-20 Steel did not, however, ultimately occupy Duraport IV. In or about July 2017, … find a replacement tenant for Duraport IV. Plaintiffs were ultimately able to negotiate and execute a lease with …
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… capricious, or unreasonable, and did not violate his due-process rights, we affirm. I. Petitioner's employment with … had the functional title of "Equipment Manager." For compensation and other purposes, that position was … has not met his burden. Petitioner faults the Board for its ultimate conclusion. He does not – because he cannot – fault …