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… smacked his sister. She wanted 3 A-1863-16T4 defendant to come to the apartment and talk to the man who struck his … petition if the defendant presents a prima facie case in support of PCR, the defendant has raised a "material issue[] … no reason for the trial judge to inquire into the juror's message. The PCR court correctly determined that appellate …
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… administration of the estate, plaintiff filed a verified complaint and an order to show cause (OTSC) to remove defendant as executor and compel an informal accounting of the estate. The court … by the trial judge are considered binding on appeal when supported by adequate, substantial and credible evidence." …
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… onto Sandford Street.1 Appellant heard only minimal radio communications concerning how the situation with the suspect … achieve the important assurance that the traumatic event posited as the basis for an accidental disability pension is … Rather, a diagnosis of PTSD is merely a "backdrop" that can support a causal link between the work-related traumatic …
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… litigation as the Division had filed its guardianship complaint. On appeal, defendant argues that the criminal … matters of parental abuse and neglect, we defer to findings supported by substantial credible evidence in the record. … A.L., supra, 213 N.J. at 23). "Predictions as to probable future conduct can only be based upon past performance. . . …
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… match was found in December 2006; defendant was deemed incompetent to proceed for a period of years; and the buccal … POINT IV THE TRIAL COURT'S OMISSION OF JURY CHARGES IN SUPPORT OF MR. GOODEN'S DEFENSE VIOLATED HIS RIGHTS TO DUE … may not issue a "call to arms," asking the jury to "send a message" to the defendant and the public, since such …
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… Court Judge John Morelli entered a Holup1 order that compelled the State to produce "the [BTISR], detailing any … of the right to seek dismissal or suppression for non-compliance. 4 A-2926-15T3 testing (unit 133). Defendant … time to be relevant. The judge also found there was nothing supporting defendant's continued argument about the missing …
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… Rule 3:22- 12. We agree, and affirm. I. The following facts come from the transcripts of defendant's plea hearing and … unless "'a defendant has presented a prima facie [case] in support of post- conviction relief.'" State v. Marshall, 148 … unjust to apply this version of Rule 3:22-12. See James v. N.J. Mfrs. Ins. Co., 216 N.J. 552, 563 (2014). 8 …
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… to file an answer or otherwise respond to plaintiff's complaint. I. Defendant and her husband, Perry Ford,1 owned … affidavit of amount due and non-military service in support of entry of default judgment. See R. 4:43-2; R. … be excused and default judgment 7 A-4719-16T1 vacated, Jameson v. Great Atlantic & Pacific Tea Company, 363 N.J. …
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… On March 23, 2015, the Division filed a verified complaint for care and supervision of Shayna, pursuant to … "should not be disturbed unless 'they are so wholly insupportable as to result in a denial of justice,' and should … Division's evidence. They may present evidence tending to refute the Division's prima facie case by showing, for …
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… her over. She identified defendant as the man who had come into the store, demanded money, and threatened her with … tangled in a fence. Defendant sliced his own throat three times with the utility knife. The officers, and other police … factual findings and will uphold those findings that are "supported by sufficient credible evidence in the record." …
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… stood outside a friend's house in Elizabeth. Portillo was accompanied by five others, including one who swung a machete … 213 N.J. 398, 411, 421 (2012) (stating police lacked requisite level of suspicion to detain man based on "the most … flight "in combination with other circumstances . . . may support reasonable and articulable suspicion"). Notably, the …
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… appeal from a May 29, 2014 order dismissing their complaint in lieu of prerogative writs. We affirm … ordinance did not state on its face specific findings that supported granting the long-term tax exemption for the … Id. at 522 (quoting N.J.S.A. 47:1A-1.1). We reached the opposite result in concluding that an urban renewal entity was …
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… plate and a missing or nonfunctional rear light. Herbert, accompanied in the patrol car by a Detective Grogan,2 also … because the informant had also claimed that defendant sometimes carried weapons. Herbert spoke to Giardina a second … findings of the trial court, "so long as those findings are supported by sufficient credible evidence in the record." …
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… which he articulates as follows: POINT I – THE TRIAL COURT COMMITTED REVERSIBLE ERROR BY FIRST INSTRUCTING THE JURY AS … sentenced, whether the offenses occurred at different times or places, and whether they involve numerous or separate … there were no mitigating factors. Those findings were amply supported by the record. In particular, the court relied on …
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… robbery, N.J.S.A. 2C:15-1; second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2; first-degree robbery, … in this regard could prevent such confusion in the future. [Id. at 170-71.] 10 A-2124-17T4 In Compton, this … Yarbough factors, and 16 A-2124-17T4 "that the factors supporting consecutive sentences clearly outweigh the …
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… of those limited liability corporations, dismissing the complaint of plaintiff Eagle Rock Drywall L.L.C.1 We affirm … rights, quantum meruit and allegations intended to support piercing the corporate veils of RV Homes and RV … collateral estoppel will not apply, because the requisite judgment on the merits will be lacking." Perez v. …
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… E. Krakora, Public Defender, attorney for appellant (James K. Smith, Assistant Deputy Public Defender, of counsel … failed to sua sponte instruct the jury on the concept of accomplice liability and allow the jury to convict defendant … to see innocuous “horseplay” in the face of danger was supported by the physical characteristics of her assailant. …
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… Count Three would be dismissed, and the prosecutor would recommend four years' probation conditioned on defendant serving 364 days in county jail. Defendant completed a written plea form and stated "yes" in response … only upon the establishment of a prima facie case in support of post- conviction relief." R. 3:22-10(b). "To …
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… consider a certification containing hearsay statements by company officers discussing an explicitly discriminatory … McDonnell Douglas analysis, the certification also may have supported a factual claim that Telcordia had mixed motives … That evidence includes Musumeci's and Apgar's direct refutations during the Rule 104 hearing, as well as Sperman's …
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… have provided in the initial trial which were necessary to support a conviction." Id. at 424 (quoting State v. … See also Pressler & Verniero, Current N.J. Court Rules, comment 1 on R. 3:23-8 (2017) (stating that "[t]he deletion … where the State has had a reasonable opportunity to present complete evidence against a defendant in a criminal trial …