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… reached for a silver object from the driver-side door compartment. According to Gaviria, defendant tried to stab … but for counsel's failure to argue self-defense, the outcome of the trial would have been different. On appeal, … COURT. (Not Raised Below). POINT II PCR COUNSEL FAILED TO COMPLY WITH HIS OBLIGATIONS UNDER [RULE] 3:22-6(d) AND, IN …
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… Plaintiff-Respondent, v. DCN AUTOMOTIVE LIMITED LIABILITY COMPANY, t/a BRAD BENSON HYUNDAI, Defendant-Appellant. … PER CURIAM Defendant DCN Automotive Limited Liability Company t/a Brad Benson Hyundai (DCN) appeals from an order … 27, 2017, which denied its motion to dismiss plaintiff's complaint and to compel plaintiff to arbitrate his claims …
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… 446 NEWARK AVENUE, Plaintiffs, v. CHICAGO TITLE INSURANCE COMPANY, Defendant/Third-Party Plaintiff-Appellant, v. … brief). PER CURIAM This is the second time this matter has come before us. On the first occasion, we affirmed a partial … judgment that concluded defendant Chicago Title Insurance Company was obligated to defend plaintiffs' title to Jersey …
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… v. SOUTH JERSEY INDUSTRIES, INC. d/b/a SOUTH JERSEY GAS COMPANY, Defendant-Respondent. Submitted May 10, 2017 – … Jersey Industries, Inc., doing business as South Jersey Gas Company. He contends that the jury instructions, and the … trial, but also told them they would not be asked to come in on a Friday. At the close of the case, the judge …
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… to dismiss for failure to serve an affidavit of merit in compliance with the Affidavit of Merit (AOM) statute, … Co., 142 N.J. 520, 523 (1995)). Chicago Title Insurance Company (Chicago Title) entered into an agency contract with … the same standard governing the trial court. Templo Fuente De Vida Corp. v. Nat'l Union Fire Ins. Co., 224 N.J. …
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… above, during her summation, the prosecutor made two comments defendant now claims were prejudicial. Defendant did not object to those comments during the trial. For the sake of brevity and conciseness, we do not set forth those comments here but do so below, where we provide an analysis …
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… Submitted June 2, 2016 – Decided Before Judges Fuentes and Gilson. On appeal from Superior Court of New … assault, N.J.S.A. 2C:14-2b. In exchange for her truthful, complete, and accurate testimony, the State agreed to recommend that the court sentence Montano to a term of five …
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… vehicle and was able to speak to him. Thereafter, police accompanied defendant's mother to the residence and sought … consented and executed a consent form before the search commenced. We have found where there is a mutual residence, … to search is colored by whether the third-party "possessed common authority over or other sufficient relationship to …
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… Malikah Colvin, Michelle Howe, and Crystal Montgomery. In a comprehensive oral decision, Judge Kathleen M. Delaney … whether to hold an evidentiary hearing on a PCR petition is committed to the sound discretion of the PCR judge. State v. … a probability sufficient to undermine confidence in the outcome." Ibid. (quoting Strickland, 466 U.S. at 694). Indeed, …
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… In exchange, 3 A-3698-15T1 the State agreed to recommend a non-custodial probationary term. The following … guilty to count one. In exchange, the State agreed to recommend a maximum four-year term of imprisonment with a … plea, and said his plea would only affect his ability to become a United States citizen. Defendant testified that …
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… In the event that the retiree and the retiree's spouse become eligible for [M]edicare then the Borough shall be … On September 20, 2012, the Public Employment Relations Commission (PERC) referred the matter to an arbitrator for a … spouses, as the cost of coverage for medical insurance is a component of the level of benefits. According to Local 300, …
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… part or all of the principal and accrued or undistributed income of the Trust to any one or more persons and entities, including . . . to continue the income of the [T]rust for any woman recognized as [his] spouse … Congregation Adas Chareidis as a way to honor my religious commitment and community after I am gone with hopes that …
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… probability" that the deficient performance affected the outcome. Fritz, 105 N.J. at 58. "A reasonable probability is a probability sufficient to undermine confidence in the outcome." State v. Pierre, 223 N.J. 560, 583 (2015) (quoting … homicide which would otherwise be murder . . . [but] is committed in the heat of passion resulting from a reasonable …
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… 5, 2021 Law Division order dismissing her personal injury complaint because she failed to establish her injuries … by ambulance to Trinitas Hospital Emergency Department and complained of right shoulder pain worse than the left … to a judgment or order as a matter of law." [Templo Fuente De Vida Corp. v. Nat'l Union Fire Ins. Co. of …
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… not find any contraband or weapons on defendant. As Woods completed defendant's pat-down, the Ford attempted to drive … four days and thereafter issued her order denying rel ief accompanied by her written decision. In her decision, the … her thoughtful written decision. We add only the following comments. In State v. Carrillo, 469 N.J. Super. 318, 335 …
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… NEW JERSEY TRUCK SERVICES, Defendants, and THE ANDOVER COMPANIES, and MERRIMACK MUTUAL FIRE INSURANCE CO., … order granting summary judgment to defendants, The Andover Companies and Merrimack Mutual Fire Insurance Company.1 We affirm. In June 2016, plaintiffs purchased an …
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… clerk at gunpoint, threatening to shoot the clerk unless he complied with defendant's demands. On May 1, 2016, defendant … Benbow denied smoking marijuana; nevertheless, he complied with Officer Hansson's directions and stepped out … defendant was indicted for second-degree conspiracy to commit armed robbery, N.J.S.A. 2C:5- 2(a)(1) and N.J.S.A. …
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… "a history of performance problems" demonstrated by "formal complaints and/or contract cancellations for cause" in … bypass Atlantic's bid was neither arbitrary nor capricious, complied with legislative policies and is amply supported by sufficient, competent and credible evidence in the record, we affirm. …
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… prong, an "erroneous strategic prediction about the outcome of a trial is not necessarily deficient performance." … assistance at the plea stage must show that "the outcome of the plea process would have been different with competent advice." Id. at 163. When a defendant claims that …
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… would help provide oversight of its patients and assist in compliance with drug regimes. It also suggested an in- house … pharmacy profits would be allocated as general operating income and used for the development of additional clinical … care navigators to assist patients with coordinating their complex care. Following an initial review of the …