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… in September and October, 1991, at the Hensyn Village complex in Mount Olive Township. Defendant and his alleged victims, S.A.2 and M.T., all resided in that complex. On October 12, 1991, defendant used S.A.'s phone … defendant's pubic hair after conducting a microscopic comparison. Defendant appealed his conviction and sentence, …
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… for the reasons expressed by Judge Philip E. Haines in his comprehensive written decisions. The underlying facts and … the District of New Jersey. Judge Robert B. Kugler issued a comprehensive written opinion and order denying the habeas … E. Haines in his written decisions. We add the following comments. We review a motion for a new trial based on newly …
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… DIVISION DOCKET NO. A-2972-18T5 IN THE MATTER OF THE CIVIL COMMITMENT OF W.W., SVP-86-00. ________________________ … a January 28, 2019 Law Division order continuing his civil commitment to the special treatment unit (STU), the secure … 2 A-2972-18T5 and treatment of sexually violent predators committed pursuant to the Sexually Violent Predator Act …
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… 6 A-1124-18T4 suspicion" that an offense has been committed. State v. Moore, 181 N.J. 40, 45 (2004) (citation … caution in the belief that' an offense has been or is being committed." Brinegar v. United States, 338 U.S. 160, 175-76 … the totality of the circumstances including the officer's "common and specialized experience[.]" Schneider v. Simonini, …
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… 6 A-1940-17T1 does not protect "officers who are plainly incompetent in the performance of their duties or who … well-grounded suspicion that a crime has been or is being committed. Probable cause exists where the facts and … caution in the belief that an offense has been or is being committed. The substance of all the definitions of probable …
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… for school tuition for [his] three . . . children." The complaint alleged "mismanagement of and/or self-dealing … Defendants denied the allegations and moved to dismiss the complaint, alleging that an arbitration clause in the by-laws compelled all the claims to be submitted to arbitration. In …
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… and ALLSTATE NEW JERSEY PROPERTY & CASUALTY INSURANCE COMPANY, Defendants, and UNITED SERVICES AUTOMOBILE … an automobile insurance policy issued by Allstate Insurance Company (Allstate), which provided uninsured motorists (UM) … to certain limitations. In April 2017, plaintiff filed a complaint in the Law Division against Kevin and Michael …
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… and Suter. On appeal from the New Jersey Civil Service Commission, Docket No. 2018-1063. Di Francesco Bateman, … Attorney General, attorney for respondent Civil Service Commission (Donna Sue Arons, Assistant Attorney General, of … the December 21, 2018 final decision of the Civil Service Commission (Commission), affirming disciplinary charges …
default
… summary judgment to the Borough and dismissing plaintiff's complaint with prejudice. We affirm. The indisputable … summary judgment to the Borough, and dismissed plaintiff's complaint with prejudice. The court explained its reasons … to a judgment or order as a matter of law.'" Templo Fuente De Vida Corp. v. Nat'l Union Fire Ins. Co. of …
default
… A-1493-19 PER CURIAM After defendants1 failed to answer the complaint, the trial court entered default judgment. Six … Keith McKenna, Esq. to institute suit, alleging in their complaint that plaintiff misled them regarding the duration … On November 6, 2018, plaintiff served defendants with a complaint and order to show cause, asserting claims under …
default
… only translation to her of what was being said or asked was coming from the aunt. Even if we assume the aunt was … a third party's consent to a search "when the consenter has common authority for most purposes over the searched space." …
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… and that he understood the sentence the State would recommend, including its request for the consecutive flat … in order to enter a guilty plea and that nobody had compelled him to waive these rights. Defendant then placed a … at sentencing for a lesser sentence than that which is recommended by the state" and to ask, "that the NERA sentence …
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… 1 We utilize initials when referring to defendant, the complaining witnesses, and their family members, pursuant to … C.H. were playing with makeup when defendant asked both to come into the room with him. Both said no. Afterward, when … by the State, "how many days transpired between the first communication between the prosecutor's office and [J.T.]." …
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… This appeal requires us to determine whether the buyer of a commercial/residential building (property) can terminate a … unacceptable estoppel certificate by one of the property's commercial tenants, citing to the seller's default of the … estoppel certificate dated June 9 by TLE at Newark, LLC, a commercial tenant operating a school on the property, in …
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… Wound Care of New Jersey, LLC ("Renew"), dismissing her complaint with prejudice, and enforcing the parties' … Plaintiff, an employee of Renew who was terminated, filed a complaint alleging Renew; Newport Garden Group, LLC … In response, Renew filed a motion to dismiss plaintiff's complaint and compel arbitration pursuant to the nurse …
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… a probability sufficient to undermine confidence in the outcome." Gideon, 244 N.J. at 550-51 (alteration in original) … that "(i) counsel's assistance was not 'within the range of competence demanded of attorneys in criminal cases'; and … a probability sufficient to undermine confidence in the outcome." Strickland, 466 U.S. at 694. The defendant must also …
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… injury by means of physical menace. Physical menace is accomplished through an act or acts which are physically … if one acts with knowledge, if one acts consciously, if he comprehends his/her acts. The fifth element that the State … Terroristic Threats (N.J.S.A. 2C:12-3(b)). � The 1971 Model Commentary to the Proposed Criminal Code stated that …
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… doubt that … (insert victim’s name) … died from medical complications that resulted from injuries caused by … is adapted from the following portion of the Code Commentary: The Code requires, however, that the risk thus … (2 Final Report of the New Jersey Criminal Law Revision Commission, Commentary (1971) at 42.) � In State v. …
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… is guilty of aggravated criminal sexual contact if he commits an act of sexual contact with another person whom … beyond a reasonable doubt: 1. That defendant purposely committed an act of sexual contact with another person, and … OR … 1. That defendant purposely committed an act of sexual contact by touching …
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… other power, financial instruments, information, data, and computer software, in either human readable or computer readable form, copies or originals. Property of … � Final Report of the New Jersey Criminal Law Revision Comm’n, Vol. II: Commentary, Vol. II at 224-25 n.6 (1971). � …