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- A-4622-18T3 Opinionnjcourts.gov… at trial. Defendant alleged that he was "in shock" when he committed the offenses for which he was convicted because he … professional assistance; that is, the defendant must overcome the presumption that, under the circumstances, the …
- A-3390-18T4 Opinionnjcourts.gov… by the entireties. In 2014, however, when plaintiff filed a complaint for divorce, defendant moved to dismiss it on the … of the three ways according to Jewish law that a couple becomes married." Rabbi Gluck admitted that by performing a … was inappropriate in the context of the "civil aspect" to complete the ceremony without a marriage license, and he …
- A-5848-17T2 Opinionnjcourts.gov… defaulted on her mortgage. Sun National Bank filed a complaint to foreclose on the property in November 2013. A … property. Plaintiff's real estate agent, James Rembish, accompanied the Sheriff's officers to the lockout. Upon … are so manifestly unsupported by or inconsistent with the competent, relevant and reasonably credible evidence as to …
- A-2055-17T1 Opinionnjcourts.gov… January 16, 2019 – Decided July 30, 2019 Before Judges Fuentes, Accurso and Vernoia. On appeal from the Superior … order dismissing with prejudice his amended consumer fraud complaint against defendant King Bio, Inc. for failure to … other medical condition. Because a liberal reading of the complaint suggests a viable cause of action, we reverse. See …
- A-1093-19T1 Opinionnjcourts.gov… and defendant each own one half of a duplex, which shares a common wall. Plaintiff's property is occupied by tenants. … of [plaintiff's property] and . . . came through the common basement wall of plaintiff's property . . . ."; "the … the top of the unit. He produced a photograph of the new combined heater and water heater, which showed it was …
- A-0321-19T4 Opinionnjcourts.gov… after the sentence was imposed and twelve years after he completed probation. Defendant raises the following issues … from 8 A-0321-19T4 a guilty plea, whether made through commission or omission. 559 U.S. at 369, 374. In State v. … a 'new rule' and, for that reason, the level of attorney competence has no application to guilty pleas entered prior …
- A-2515-18T4 Opinionnjcourts.gov… robbery, N.J.SA. 2C:15-1; second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:15-1(a); … guilty to first-degree robbery, second-degree conspiracy to commit robbery, and first-degree aggravated sexual assault. … testimony," the plea form indicated the State agreed to recommend defendant serve a maximum prison term of twelve …
- A-0276-17T2 Opinionnjcourts.gov… characterize this matter as something other than a simple commercial dispute sounding in negligence and breach of … withdrew its motion in limine." Plaintiffs then filed a complaint in the Law Division, identical to the counterclaim … defendant moved to dismiss. Judge Vena, in a cogent and comprehensive opinion from the bench, granted the motion, …
- A-3269-16T2 Opinionnjcourts.gov… treatment for her injuries through her employer's workers' compensation plan. On July 23, 2008, Dr. O'Shea, to whom plaintiff was referred by the compensation carrier, performed surgery to address … According to plaintiff, 1 The court dismissed plaintiff's complaint against co-defendant Virtua-West Jersey Health …
- A-0798-16T4 Opinionnjcourts.gov… to dismiss his petition without prejudice pending the outcome of his motion for a stay before the District Court. Due … time of the victim's death, regarding an unspecified murder committed in Newark. The certification disclosed that Kelly … A DEFENDANT WITH FAIR PROCEEDINGS LEADING TO A JUST OUTCOME OR WHEN INADVERTENT ERRORS MISTAKENLY IMPACTED A …
- A-4419-18T4 Opinionnjcourts.gov… Mayra V. Tarantino, which we amplify with the following comments. I. On March 24, 2004, defendant was charged with … defendant's motion in an April 26, 2019 order. In an accompanying written opinion, she found that "it was within … a clear message . . . : 'children are different' when it comes to sentencing, and 'youth and its attendant …
- A-0708-17T1 Opinionnjcourts.gov… and he positively identified defendant as the man who committed the armed robbery. Defendant was subsequently … remaining charges. The plea deal required the State to recommend to the trial judge that defendant be sentenced to an … linking [defendant] to the crimes." The judge further commented defendant's "assertion that he would have filed …
- A-2778-17T4 Opinionnjcourts.gov… on the brief). PER CURIAM Plaintiff Ada Caballero filed a complaint against her former employer, defendant Cablevision … Landscaping, Ltd., 219 N.J. 395, 405-06 (2014). Plaintiff's complaint alleged numerous causes of action. As noted, … Super. 422, 8 A-2778-17T4 431-32 (App. Div. 1995); see also Fuentes v. Perskie, 32 F.3d 759, 763 (3rd Cir. 1994). II …
- A-5625-17T1 Opinionnjcourts.gov… VILMA MINESES, by her subrogee STATE FARM INDEMNITY COMPANY, Plaintiff, v. PLAZA INSURANCE COMPANY, Defendant. ______________________________ Argued … when he 1 Plaintiff named two additional defendants in his complaint. However, counsel and the trial court referred …
- A-2026-18T1 Opinionnjcourts.gov… well. Judeh testified that he saw the passenger in front "become alarmed in a nervous demeanor, moving around. At which … 2C:39- 7(b)(1); second-degree possession of a handgun while committing a drug offense, N.J.S.A. 2C:39-4.1(a); and … above a field inquiry. Once Grady picked up his gun, they commenced a Terry stop with articulable and reasonable …
- A-4466-17T3 Opinionnjcourts.gov… judge issued a lengthy oral opinion, finding that defendant committed the predicate acts of terroristic threats and … relevant part, the statute makes it a crime to threaten "to commit any crime of violence with the purpose to terrorize … We also agree with plaintiff that a finding that defendant committed terroristic threats, by itself, is sufficient to …
- A-0148-18T1 Opinionnjcourts.gov… well as her mother's family that her father was the one who committed the murder. Through counsel, defendant asserted … Our review of the record shows that PCR counsel submitted a comprehensive twenty-five-page brief in support of PCR. … COURT: And after having those discussions it is you who has come to a decision not to testify? DEFENDANT: Yes, sir. …
- A-5280-17T1 Opinionnjcourts.gov… and reasonable, and the burden is on the plaintiff to overcome these presumptions. Bergen Pines Cty. Hosp. v. N.J. … the weight given to expert testimony "is within the competence of the fact-finder." LaBracio Family P'ship v. …
- A-4233-17T4 Opinionnjcourts.gov… is unclear from the record whether Sloan was privy to that communication. However, Sloan testified that his "initial … does not require probable cause to believe a person has committed or is about to commit an offense. State v. Nishina, 175 N.J. 502, 510-11 …
- A-1127-16T4 Opinionnjcourts.gov… and walked to work. Because jobs were assigned on a first-come, first-served basis, claimant typically arrived at 5:00 … Thereafter, claimant relied on public transportation to commute to Labor Ready's Newark office. Claimant commuted approximately forty-five minutes by bus followed by …