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njcourts.gov
… 1 In his merits brief, defendant does not challenge his concomitant convictions for failure to maintain lane, N.J.S.A. … proved the DWI charge and that the State failed to prove by competent evidence the twenty-minute observation requirement … period anew. [id. at 79.] 5 A-4462-17T3 The State, in compliance with the Court's prescription that …
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njcourts.gov
… the representation less than adequate nor prejudiced the outcome. Thus, we reverse. The familiar Strickland v. Washington standard requires a … that the representation he or she received was less than competent and that the deficiency prejudiced his or her …
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njcourts.gov
… Musella, Bergen County Prosecutor, attorney; William P. Miller, Assistant Prosecutor, of counsel; Ian C. Kennedy, of … the State's motion for reconsideration to allow fresh complaint testimony. For the reasons that follow, we affirm, … referring to defendant, the complaining witness and her family members, pursuant to N.J.S.A. 2A:82-46 and Rule …
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njcourts.gov
… County Prosecutor, attorney for respondent (William P. Miller, Assistant Prosecutor, of counsel and on the brief; … PREVIOUS INVOLVEMENT WITH THE DIVISION OF YOUTH AND FAMILY SERVICES PERTAINING TO THE ABUSE OF N.D. WAS DETERMINED … probability" that the deficient performance affected the outcome. Fritz, 105 N.J. at 58. Under those standards, we find …
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njcourts.gov
… PCR petition was withdrawn without prejudice pending the outcome of the appeal.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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njcourts.gov
… Lupo appeals from a May 2, 2016 order denying his motion to compel an inspection of defendant Albert H. Wunsch, III's … plaintiff to establish when it was drafted. Judge Thomas C. Miller entered a May 2, 2016 order and written statement of … a breach of his fiduciary duty to plaintiff. Judge Miller granted defendant's summary judgment motion and …
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njcourts.gov
… found there was a substantial likelihood Presher would commit a new crime if released on parole at this time. The … as a mitigating factor. Presher also asserts that he has completed over 11,250 hours of job training while imprisoned … "normal life." "Parole for a conviction imposed on offenses committed before August 18, 1997, 'is governed by the …
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njcourts.gov
… dispute, and the subsequent dismissal of its complaint. We affirm. I. We briefly summarize the relevant … but this was a mistake he could have avoided by becoming familiar with the RCB's procedures. Relief from the consent … v. Bridgeway, Inc., 218 N.J. 8, 26 (2014) (citing Fox v. Millman, 210 N.J. 401, 428 (2012)). As we have explained, …
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njcourts.gov
… and Gilson. On appeal from the New Jersey Civil Service Commission, Docket Nos. 2017-2823 and 2018-0259. Levin … Attorney General, attorney for respondent Civil Service Commission (Melissa Dutton Schaffer, Assistant Attorney … final administrative agency decision of the Civil Service Commission (Commission), which denied his appeal of certain …
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njcourts.gov
… 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 … at the construction site. He and defendant shared family activities, such as birthday parties. He never …
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njcourts.gov
… the following point to us: POINT I BECAUSE TRIAL COUNSEL COMPETENTLY ADVISED DEFENDANT REGARDING EXTENDED TERM … they were experienced attorneys who recalled regularly communicating plea offers and possible sentencing outcomes with their clients. Defendant's last trial counsel, …
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njcourts.gov
… A separate escrow agreement was prepared but never completed. It had no signature page and did not list the … the parties disputed that Doris was supposed to receive a similar note, security agreement and escrow agreement where … in his bankruptcy and was time-barred. Doris' obligation similarly was time-barred and could no longer be enforced by …
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njcourts.gov
… from Superior Court of New Jersey, Chancery Division, Family Part, Warren County, Docket No. FJ-21-0016-18. Richard … were people upstairs." The officer then heard "a shuffling coming from the upstairs room." 1 Officer Lance also … see that the second bedroom was empty. He then heard "a commotion going on in the middle bedroom." Officer Lance …
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njcourts.gov
… the ground and told him he was under arrest. Fuller did not comply; instead, he ran for the front door. Petrosky yelled … residence.") . 11 A-0996-18T1 Defendant relies on State v. Miller, 342 N.J. Super. 474 (App. Div. 2001), to argue that … the first building was illegal. The facts and rationale of Miller are distinguishable. In Miller, the police sought to …
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njcourts.gov
… NOT TO BE PUBLISHED WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS SUPERIOR COURT OF NEW JERSEY CHANCERY … LLP., attorneys) for Defendants Robin Brown, Odabash Family LLC, and 27 Kinderkamack Road Associates III, LLC only … may be subject to a protective order. The matter will be revisited on July 19th, 2019. CONCLUSION For the foregoing …
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njcourts.gov
… NOT TO BE PUBLISHED WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS SUPERIOR COURT OF NEW JERSEY CHANCERY … Inc. (“Defendant”) entered into a Loan Agreement with 100 Mile Fund, LLC, the original lender,(“Lender”) borrowing the … information in order to purchase the property for $20 million and orchestrate a scheme to benefit Plaintiff. …
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njcourts.gov
… windows and the door locks. . . it was actually inside a compartment in there." Ballistic testing indicated the … his right not to testify. The State argues this case is similar to State v. Johnson, 223 N.J. Super. 122, 129 (App. … witness in Johnson voluntarily testified, this case is similar in that the State made it clear that the passenger was …
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njcourts.gov
… him to delete her daughter as a friend and not to communicate with S.D. again or she would go to the police. … A.R. testified defendant believed she was S.D. and began "communicating as a friendly chat at first." The issue of age … first time on appeal." Ibid. (citing N.J. Div. of Youth & Family Servs. v. M.C. III, 201 N.J. 328, 342 (2010)). …
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njcourts.gov
… failed to sua sponte instruct the jury on the concept of accomplice liability and allow the jury to convict defendant … wound down, Thompson noticed the assailant looked familiar. A few days later, she realized she knew him because … [of unknown color]," and "a baseball cap." White gave a similar description, but added the man wore "gray khaki …
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njcourts.gov
… Defendant would pick a time and location to meet and complete the transaction. The CI provided defendant's … and money, and provided the CI with the funds necessary to complete the transaction. The CI then called defendant and … of appeal on July 21, 2015. Defendant raises the following points on appeal: POINT I THE TRIAL COURT ERRED BY DENYING …