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… for Drug Court and, if eligible, would have to accept the recommended treatment modality or face a prison term. At … de novo. State v. Grate, 220 N.J. 317, 329 (2015). Similarly, we review a post-conviction relief court's legal … prison, we should value them as equally severe. Defendant points out that the probation revocation statute states that …
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… field sobriety tests, though Stevens smelled no alcohol coming from defendant. Stevens administered the horizontal … This appeal followed. Defendant raises the following points on appeal: I. STANDARD OF REVIEW. II. THE COURT ERRED … particular Walmart's property. However, Stevens was not familiar with defendant's car nor was his initial interaction …
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… and he read and understood it before he signed the completed form. On October 13, 2000, the 1 Neither party has … not satisfy the pre-2010 requirement that defendant must come forward with evidence that counsel was ineffective by … Here, Judge Rivas concluded that defendant did not offer similar evidence as defendant only stated that he was not …
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… from Superior Court of New Jersey, Chancery Division, Family Part, Ocean County, Docket No. FV-15-1837-18. Villani & … minutes to a half hour and for about fifteen to twenty miles before finally giving up the pursuit. Defendant later … "Yes, you will. Oh, yes, you will." Plaintiff ceased all communication with defendant, but defendant attempted to …
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… TO REVIEW ALL RELEVANT DISCOVERY WITH HIM, TO CONDUCT A COMPREHENSIVE PRETRIAL PREPARATION, AND TO THOROUGHLY … well-reasoned written opinion. We add only the following comments. In cases where the PCR court does not conduct an … strategy: To satisfy prong one, [a defendant] ha[s] to overcome a strong presumption that counsel exercised reasonable …
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… DIVISION DOCKET NO. A-1743-14T5 IN THE MATTER OF THE CIVIL COMMITMENT OF J.C., SVP-678-13. … girl who was walking to her school bus and who defendant accosted and attempted to vaginally penetrate with his penis; … reoffend if he is not confined to the STU for treatment. Similarly, Dr. Canataro diagnosed J.C. with "Other Specified …
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… by defendants in 2007. In April 2014, Grant filed a civil complaint against Dan's Auto Body (Dan’s) and Dan Rusco … 56:8-1 to -20. Defendants moved to dismiss plaintiff's complaint, which motion was denied on November 13, 2014, by … Roadside Assistance Report noting the vehicle had 174,000 miles on it, and the brakes were broken. In a well-reasoned …
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… 463, 479 (2013) (quoting Assembly Health & Human Services Committee, Statement to Assembly Bill No. 50 at 20 (Mar. 4, 2004)). Commonly referred to as "the waiver provision," N.J.S.A. … home on December 12, 2011. After plaintiffs filed their complaint, they timely served an affidavit of merit (AOM) …
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… FRANCIS J. SALVATORE, JR., M.D., Defendants, and JESSICA COSTABILE, D.O., Defendant-Respondent. … of the spinal surgery. On June 17, 2009, plaintiff filed a complaint alleging medical malpractice against Zerbo, Lowe, … comply with the rules of discovery." Ibid. There are no similar circumstances presented here. Affirmed in part. …
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… entered by the Law Division after a jury convicted him of committing two counts of second-degree of sexual assault … nurses in the hospital is so "[e]very patient that . . . comes in with sexual assault has the same opportunity to … "something to help her sleep" and that her uncle "kept coming down to her room . . . earlier in the evening." On …
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… detective went to where defendant resided and asked him to come to PCPO for an interview. Defendant agreed. The … son, defendant was indicted for second-degree attempting to commit aggravated sexual assault, N.J.S.A. 2C:5-1 and … that it was his chance to speak at "an open forum," similar to church, or at drug counseling. While the trial …
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… Under his negotiated plea agreement, the State agreed to recommend that the court sentence defendant as a third-degree offender and order defendant's compliance with Megan's Law, N.J.S.A. 2C:7-1 to -23. The … that the special sentence is not needed to protect the community or deter the defendant from future criminal …
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… NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION, WATER COMPLIANCE AND ENFORCEMENT, Petitioner-Respondent, v. … for summary decision and directing WWC to re-designate or decommission its original water well; and denied WWC's motions … E. coli. In October 2010, NJDEP issued WWC a Notice of Non-Compliance, citing violations of the New Jersey Safe …
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… from a June 12, 2015 Law Division order dismissing his complaint with prejudice for failing to provide discovery. … For the reasons that follow, we affirm. Plaintiff commenced this action on November 4, 2013, by filing a … twenty construction projects which generated more than 1.2 million dollars in revenue. Gillikin deposited the money …
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… from Superior Court of New Jersey, Chancery Division, Family Part, Bergen County, Docket No. FN-02-122-15. Joseph E. … the State seeks to intrude in the inner workings of a family for the purposes of conducting a court- ordered … County, because nothing was available in Bergen, she had become irate, storming out and choosing instead to expose her …
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… Ibid. The Court "refer[red] to the Criminal Practice Committee the preparation of a rule for [its] consideration … principles, we agree with the trial judge that the State complied with the dictates of Rule 3:11(a). The robbery was … of defendant. While Detective Delcarpio did not prepare a similar worksheet following V.S.'s identification of defendant …
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… in pursuit, the sergeant saw the vehicle’s brake lights come on several times without an apparent reason to stop. … the request on July 14, 2014, as part of a motion to compel. The State destroyed the video without providing … 228 N.J. 138 (2017) (stating "[b]ecause defendant has completed his license suspension, we do not apply the above …
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… of his decision, including the possibility of civil commitment under the Sexually Violent Predator Act (SVPA), … Treatment Center (ADTC) found defendant's conduct in the commission of the offense was characterized by a pattern of repetitive and compulsive behavior, and recommended treatment at Avenel. …
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… from the Superior Court of New Jersey, Chancery Division, Family Part, Morris County, Docket No. FV-14-0740-18. The … filed a brief. PER CURIAM Defendant C.M.H. appeals from a Family Part final protective order entered against him under … statutes provide an actor is guilty of sexual contact if he commits an act of sexual contact with another person and the …
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… ineffective for fail[ing] to argue that [the] trial court committed reversible error by failing to instruct the jury … 8 A-2831-17T4 On appeal, defendant raises the following points for our consideration: I. THE [JOC] IS INCONSISTENT … RESENTENCING TRANSCRIPT[.] II. THE LAW DIVISION FAILED TO COMPLY WITH NEW JERSEY COURT [RULES] 1:21-1, 3:21- 4(B)[,] …