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… report of "a male 1 N.J.S.A. 2C:29-1(a) provides: A person commits an offense if he [or she] purposely obstructs, … the Law Division. But because he failed to pay the requisite filing fee for his appeal after his request for a … any testimony but relied solely on the same documentary record that is before [the appellate court] on appeal"). It …
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… 8, 2009. The court referenced the plea forms previously completed at the initial plea hearing and defendant executed … 2C:35-5(a)(1), and 2C:35-5(b)(11). The 4 A-2186-20 State recommended a flat, three-year prison term. On March 3, 2010, … reviewing the pertinent case law, the court stated: [T]he record establishes that when he pled, [defendant] understood …
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… April 4, 2022 – Decided April 21, 2022 Before Judges Messano and Enright. On appeal from the Superior Court of … an evidentiary hearing. In the eleven-page opinion accompanying the judge's order, she addressed defendant's IAC … inferences the trial court has drawn from the documentary record." State v. O'Donnell, 435 N.J. Super. 351, 373 8 …
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… if within time. I. The following facts are derived from the record. In 2016, State Police investigators conducted a … after defendant's arraignment, the State offered to recommend a four-year sentence with a two-year period of … with the agreement. Although defendant and his counsel completed a notice of appeal rights form, his counsel did …
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… Plaintiffs-Appellants, v. GOVERNMENT EMPLOYEES INSURANCE COMPANY,1 Defendant-Respondent, and JENNIFER KOLASINSKI, … of the accident. Having conducted a de novo review of the record, we affirm. Plaintiff was employed as a supervisor … between the company's two offices, various client jobsites, and the airport when necessary. Plaintiff drove the …
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… counsel's only advice was "that the plea was the best outcome" without ever discussing "any other possible outcome for" him. Defendant confirmed that he avoided jail time … denied defendant's petition, placing its reasons on the record that day. In its decision, the court reviewed in …
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… to make evidence-based arguments related to mitigation, competency, and capacity. Judge Gwendolyn Blue found … pled guilty, entered the order under review, and rendered a comprehensive oral opinion. On appeal, defendant argues: … TO DEVELOP CAPACITY ARGUMENTS BASED ON DEFENDANT'S MEDICAL RECORDS DID NOT CONSTITUTE INEFFECTIVE ASSISTANCE OF [PLEA] …
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… He also appeals from the concurrent denial of his motion to compel DNA testing of certain crime scene evidence. We … circumstances' because '[a]s time passes, justice becomes more elusive and the necessity for preserving finality … legal remedies from there is belied by the extensive record of post-judgment litigation he conducted. In his pro …
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… A-4004-19T4 STATE OF NEW JERSEY, Plaintiff-Appellant, v. JAMES HABEL, Defendant-Respondent. _________________________ … vacation-day absences and falsifying or tampering with records related to his district-issued automobile. In March … trial , finding that it was untimely and not supported by competent evidence. In December 2015, defendant was …
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… the State to enter graphic photographs of the victim, committed reversible error by instructing the jury that … trial counsel's deficient performance affected the outcome of his trial was "at least as plausible" as the … because "it [was] imperative in this PCR to complete the record and have [defendant] and counsel testify as to why …
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… CITY OF HOBOKEN, Defendant-Respondent and NEW JERSEY CASKET COMPANY, INC., Defendant-Respondent/ Cross-Appellant. … 1415 Park Avenue, LLC, 9th Monroe, New Jersey Casket Company, 900 Monroe Hoboken and BIT Investment (Connell … Cusick, 116 N.J. Super. 482, 485 (App. Div. 1971)). As this record shows, the remand we ordered does not permit the …
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… without an evidentiary hearing. Following our review of the record and the applicable law, we affirm. In May 1999, the … of ineffective assistance of counsel. In a certification accompanying his petition, defendant stated he is a native and … about it." Defendant also claimed that he "could not fully comprehend the questions being asked by the [j]udge" at the …
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… STOLEN. We have reviewed these arguments in light of the record and applicable legal principles and conclude they … N.J.S.A. 2C:20-7(a); third-degree fencing and conspiracy to commit fencing, N.J.S.A. 2C:20-7.1(b), N.J.S.A. 2C:5-2; and … the informant and defendant. Defendant highlighted text messages, not presented to the grand jury, in which the …
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… Thus, we consider, as the motion judge did, "whether 'the competent evidential materials presented, when viewed in the … disputed issue in favor of the non-moving party.'" Holmes v. Jersey City Police Dep't, 449 N.J. Super. 600, 602-03 … Nicholas v. Mynster, 213 N.J. 463, 478 (2013). The record before the trial court on defendant's summary …
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… of Labor and Workforce Development, Division of Workers' Compensation, Claim Petition No. 2018-24810. Amy L. … We affirm. We discern the following facts from the record. Respondent sells and installs residential garage … 2016, through January 10, 2017. It showed that $540 was deposited at an ATM on December 27, 2016. Petitioner testified …
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… I. We derive the following facts from the motion record. On May 27, 2017, plaintiff and her husband ordered a … third-degree burns." On July 13, 2018, plaintiffs filed a complaint against defendants, alleging plaintiff sustained … if the containers were mishandled by [plaintiff] or assess comparative fault on behalf of [plaintiff]." The court …
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… under Indictment 19-05-1321 for third-degree conspiracy to commit the crime of receiving stolen property, N.J.S.A. … under Indictment 19-06-1532 for second-degree conspiracy to commit aggravated assault, N.J.S.A. 2C:5-2 and … considering the Slater factors, the judge concluded: The record indicates that [defendant's] previous counsel …
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… at trial, the State's final witness, a detective, could not complete his testimony because he had to leave before the … her, the State's final witness returned to the stand and completed his testimony.1 The State formally rested its … material issues of disputed facts lie outside the record, and resolution of the issues necessitates a hearing. …
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… AS THE STATE FAILED TO PROVE ESSENTIAL ELEMENTS OF THE CRIMES. POINT II. THE TRIAL COURT'S JURY INSTRUCTION ON THE … (Not Raised Below). We discern the following facts from the record. In the early hours of October 2, 2016, Officer Jose … time they "spun the block," and that on their third time coming around the police spotted them. He asserted that he …
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… other cases is limited . R. 1:36-3. 2 A-1876-18T1 verified complaint seeking the court's direction regarding which … 4 A-1876-18T1 concerns than the national entity even [as compared with] the now local chapter of the national … the settlor's contacts with the national organization, the record supports the conclusion that an ambiguity existed as …