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… THE FINDINGS OF FACTS, ALLOWING THE [PCR JUDGE] TO RULE, ERRONEOUSLY, THAT DEFENDANT WAS NOT DEPRIVED OF HER RIGHT TO … and N.J.S.A. 2C:35-5(b)(1), with the State's agreement to recommend a sentence in the third-degree range and dismiss the … the judge's acceptance of trial counsel's testimony was erroneous and not supported by substantial credible evidence. …
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… rights and revealed that "he was selling [drugs] for one and half months; prior to that, he was directing people … "middle[]man" and denied using illegal drugs due to his company's drug-use policy. On September 5, 2019, a grand … decision whether to admit a defendant to a PTI program is "'primarily individualistic in nature' and a prosecutor must …
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… further certified Ray paid for a family dinner after one dance recital performed by the youngest child. He noted … plaintiff used the last name "Ray" in some of her email communications. Plaintiff opposed defendant's motion and … motion. The judge found defendant failed to establish a prima facie case of cohabitation under N.J.S.A. 2A:34-23(n) …
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… to invalidate a municipal smoking ordinance. Plaintiffs primarily argue that the New Jersey Smoke-Free Air Act (the … has operated a tobacco retail store in West Caldwell.2 One-third of the store consists of sale space for purchasing … a memorandum to the Planning Board and Sparroween, commenting on the application and identifying certain …
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… the court suspended defendant's driver's license for one year, and imposed the required fines, penalties, and … vehicular homicide charge was enacted after defendant committed his second-degree offense. In determining whether … Legislature explained its intent behind the new statute: One of the policy objectives of N.J.S.A. 2C:11-5.3 was to …
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… PER CURIAM On leave granted, we consider whether plaintiffs complied with the requirements of the fictitious pleading … discovery requests between March and June 2019. None of the defendants mentioned Terracon in their discovery responses. On September 5, …
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… According to Callahan, Turner was a friend of hers who had come to her home the evening of November 19 with a woman … the house. He confronted Turner, asking him, "Where is the money at?" According to Callahan, Turner replied that there … a jury may well have easily rejected. Again, there is no prima facie showing of counsel's ineffectiveness, and no …
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… judge refused to vacate his prior order dismissing certain complaints, which he addressed as juvenile delinquency … suspension of B.L.'s hunting license and the imposition of monetary penalties. The enforcement of penal statutes against … pleas. On April 17, 2018, the municipal court judge postponed the hearing so the prosecutor could provide discovery. …
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… an inappropriate relationship with defendant, who was forty-one years old at the time. The police investigated the … allegations, and . . . L.M. said that she first began to communicate with defendant in 2002 over the internet and had … sex upon defendant. . . . . . . . [D]efendant was questioned by the police and he responded to their questions. …
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… of foreclosure entered on March 12, 2018. Judge Yolanda Ciccone denied defendant's motions and stated her reasons in a … denying him relief. In her written decision, Judge Ciccone explained that defendant failed to establish any … not cure his default, and on March 26, 2015, NRZ filed a complaint in foreclosure. Although defendant was served with …
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… On June 22, 2017, O.S.N.1 filed a domestic violence complaint pursuant to the PDVA and sought a temporary … she was "really scared," "scream[ed] and yell[ed] [for] someone to help [her]," and attempted to flee the house. … by default without proper service; (2) TRO and FRO were erroneously granted as plaintiff testified falsely and …
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… degree aggravated assault, N.J.S.A. 2C:12-l(b)(4) (count one), second-degree unlawful possession of a weapon, … the State agreed to dismiss the remaining charges and to recommend a five-year sentence with forty-two months of parole … that the plea colloquy indicated defendant could not make a prima facie showing of ineffective assistance as 1 The …
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… ($290,000) and the sheriff's 1 It claimed these costs were comprised of $38,528.20 in out-of-pocket expenses and … defendant may not be "in a financial position to repay the money into [c]ourt as per the order." 7 A-0158-19 … powers are charged with formulating fair and practical remedies appropriate to the specific dispute." Kaye v. …
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… his eighteenth birthday when he robbed a man of his cell phone and stabbed him nine times in the head, neck and … probable cause to believe that a juvenile fourteen or older committed one or more specified delinquent acts (including …
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… defendant pursuant to two outstanding arrest warrants. One warrant was based on a recent motor vehicle stop of … knocked on the door of the room, announced they had come to arrest defendant, and instructed him to come out. … and small clear plastic bags filled with suspected Suboxone on the nightstand. The officers also seized a …
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… and Mayer. On appeal from the New Jersey Civil Service Commission, Docket No. 2020-1999. Amie E. DiCola argued the … brief). 1 To maintain confidentiality, we identify petitioner using a pseudonym. NOT FOR PUBLICATION WITHOUT THE … cases is limited. R. 1:36-3. 2 A-1271-20 PER CURIAM Petitioner J.D. (Doe) appeals from a November 27, 2020 final …
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… defendant Michael Herbst, was convicted of operating a commercial vehicle in a prohibited lane of travel, N.J.S.A. … defendant committed the offenses in a construction zone, N.J.S.A. 39:4-203.5. Defendant appealed and after de … failing to argue necessity as a defense. "To establish a prima facie claim of ineffective assistance of counsel, a …
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… schizoaffective disorder, bipolar type, and her refusal to comply with recommendations for treatment and prescriptions … OF PARENTAL RIGHTS WILL NOT DO MORE HARM THAN GOOD IS ERRONEOUS[.] Our review of a trial court order terminating … not discrete and separate; they relate to and overlap with one another to provide a 11 A-1299-18T3 comprehensive …
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… 770 wax folds of heroin, five grams of crack cocaine, oxycodone pills and $6525 on defendant's person. We give deference … decided all evidence or inference conflicts in favor of one side' in a close case." Ibid. (quoting State v. Johnson, … of the validity of an investigatory stop balances the competing interests between "a citizen's privacy and freedom …
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… (the Center), in the Township of Medford, located in the Community Commercial Zoning District (CC Zone). In 2014, the Board approved plaintiff's plan to … a Dunkin' Donuts with a drive-through; however, the CC Zone prohibits fast food restaurants, including drive-through …