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… Defendant was convicted of second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:15-1(b); … reserved decision. On June 1, 2018, the PCR court issued a comprehensive, twenty-five page written opinion denying … or omissions fell "outside the wide range of professionally competent assistance." Id. at 690. This requires a showing …
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… by the trial court on May 10, 2019, which dismissed its complaint for failure to comply with the Affidavit of Merit (AOM) statute, N.J.S.A. … to -29. We affirm. I. In June 2018, plaintiff filed a complaint against JAL Insurance Services, Inc. (JAL).1 …
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… FAILED TO REFLECT THE DEFENSE THEORY THAT [DEFENDANT] ONLY COMMITTED A THIRD-DEGREE THEFT, AND INCORRECTLY SUGGESTED THAT [DEFENDANT] COMMITTED A CRIME WHEN HE FAILED TO INFORM DOCTORS THAT HE … POSSIBLE PROSECUTION IN DETERMINING WHETHER [DEFENDANT] HAD COMMITTED A SECOND-DEGREE THEFT. (NOT RAISED BELOW) …
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… proffered statement. Plaintiff did not produce any evidence comparing the Florida high school to Susan's present school. … to the courtroom after a break, he noted the case was "complex." He also advised he wanted to interview Susan, then … factors. As to factor one—the parents' ability to agree, communicate, and cooperate in matters relating to the …
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… TIMOTHY KING, Plaintiffs-Appellants, v. SELECTIVE INSURANCE COMPANY OF AMERICA, Defendant-Respondent. … their claims against defendant Selective Insurance Company of America ("Selective"), and (2) granted summary … entering into a $400,000 litigation settlement with a company that had virtually no assets, while failing to …
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… Although coffee shops are allowed in the pertinent Community Commercial ("CC") zone in Medford, the zoning ordinance treats such businesses with a "drive-thru" component as only conditional uses. Hence, a use variance is …
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… received and started testing the sample on September 7 and completed its testing and report on October 10, 2012. At … first prong of the Strickland test, a defendant must overcome a "strong presumption that counsel's conduct falls … sufficient to undermine confidence in the 11 A-0003-19 outcome." Id. at 694. To meet this burden, the "defendant must …
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… so he told him to open his hands. Defendant failed to comply. As Manna diverted his attention to defendant, Eli … ALLEGED TO HAVE HINDERED APPREHENSION. A. THE TRIAL COURT COMMITTED REVERSIBLE ERROR BY CHARGING THE JURY ON THE WRONG … defines the defense-of-others legal justification to encompass situations where the actor "reasonably believes" his …
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… should about the charges, creating "an inference that [he] committed [the crimes] . . . ." He also claimed he … is going to make the finding right now that you are not competent to represent yourself, and I am going to deny your … can think this is a day out of State Prison, and you can come in here with a smirk on your face and just say to the …
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… were armed with a knife and brass knuckles and intended to commit theft. Upon entering the home, they tied up the male … his co-defendant with the following offenses: conspiracy to commit armed burglary, second degree, N.J.S.A. 20:5- 2 and … State's agreement to dismiss the remaining counts and to recommend a life sentence for counts two and three subject to …
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… Birdsall Services Group (Birdsall), where, as part of his compensation, the corporation paid him bonuses that he was … came before the Board after the Attorney General filed a complaint with it, seeking to revoke Johnston's license … guilty plea. He also argued the undue delay in filing the complaint to revoke his license in addition to the renewal …
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… defendant Gyasi Allen1 guilty of murder, conspiracy to commit murder, and two related weapons offenses. He appeals … stages of his trial was violated and the trial court committed plain error by admitting a stipulated … and (2) (count two); first-degree conspiracy to commit murder, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:11-3 (count …
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… controlled dangerous substance (CDS) offenses allegedly committed on August 22, 2018—including strict liability for … death—from counts charging CDS offenses allegedly committed the day after the victim's overdose death. The … cocaine, fentanyl, and ethanol toxicity, caused by the combination of cocaine, fentanyl, and alcohol found in the …
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… from behind by Lavin, another skier. Plaintiff filed a complaint alleging Mountain Creek and Lavin were negligent. Plaintiff's complaint alleged Mountain Creek was independently negligent … procedures to provide a safe skiing environment. The complaint alleged Lavin was negligent for breaching his duty …
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… Pirates of Penzance) (1879). 2 Ibid. 3 We respectfully recommend consideration of the issues presented by the appropriate Supreme Court rules committees. 3 A-4657-18T1 the motion. We proceeded on an … trial judge relied on Aqua Marine Products, Inc. v. Pathe Computer Control Systems Corp., 229 N.J. Super. 264 (App. …
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… the road outside the crosswalk, while defendant and other oncoming drivers had a green light. Based on the victim's … raises the following points on appeal: POINT I THE COURT COMMITTED REVERSIBLE ERROR BY PROVIDING THE JURY FAULTY, INCOMPLETE AND INCORRECT JURY INSTRUCTIONS RESULTING IN THE …
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… Submitted October 7, 2020 – Decided Before Judges Fuentes, Rose and Firko. On appeal from the Superior Court … this Law Division action, plaintiff Melissa Knight filed a complaint alleging violations of the New Jersey Consumer Fraud Act, N.J.S.A. 56:8-1 to -195, New Jersey Commercial Code, Leases, N.J.S.A. 12A:2A-102 to -109, and …
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… Defendants, ______________________________ LOMURRO, MUNSON, COMER, BROWN & SCHOTTLAND, LLC, Respondent. … Harvey argued the cause for respondent (Lomurro, Munson, Comer, Brown & Schottland, LLC, attorneys; Richard Lomurro, … a seven-year federal prison term in Pennsylvania. B.B. commenced this civil action for damages in October 2019 and …
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… J.A.D. Plaintiff Gilbert Antonucci appeals from an order compelling arbitration and dismissing with prejudice his discrimination complaint against his former APPROVED FOR PUBLICATION … 9 U.S.C. § 3, the order on appeal dismissed plaintiff's complaint with prejudice rather than stay the litigation. …
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… by their first names to avoid any confusion caused by their common last name. No disrespect is intended. 9 A-0078-21 it … ASSISTANCE OF COUNSEL ISSUE. POINT IV THE CUMULATIVE ERRORS COMMITTED BY TRIAL COUNSEL AMOUNTED TO INEFFECTIVE … 466 U.S. at 687. A defendant, in other words, "must overcome the presumption that, under the circumstances, the …