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… defendants dispute this claim. Both parties filed separate complaints against the other, which the court consolidated. … fees, as raised in defendants' brief as follows: POINT ONE THE COURT ERRED BY AWARDING DAMAGES, INCLUDING … because of a clear abuse of discretion." 6 A-0555-16T1 Stoney v. Maple Shade Twp., 426 N.J. Super. 297, 317 (App. …
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… DIVISION DOCKET NO. A-5723-14T2 MICHAEL MUSKA, Petitioner-Appellant, v. BOARD OF TRUSTEES, PUBLIC EMPLOYEES' … reasons stated by the Board, with only the following brief comments. Muska, who was born in 1956, worked as a laborer … imaging (MRI). After months of physical therapy and cortisone injections, he ceased treatment for the injuries in …
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… including a minor traffic offense, has been or is being committed." State v. Amelio, 197 N.J. 207, 211 (2008) … without any reasonable suspicion that the motorist has committed a crime or other unlawful act." State v. … ineligibility. Defendant entered an open plea, meaning one without a sentence recommendation from the State or a …
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… 10A:10- 6.1 to -6.9. Because there is no proof that the Commissioner's decision was made with malicious intent or on a … Super. 218, 223-24 (App. Div. 2010). Goel is a State prisoner housed at the Central Reception and Assignment Facility …
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… He did not request witness statements. Upon 3 A-1414-15T1 completion of the hearing, the hearing officer (HO) credited … located after a search of Lacey's bed area. The HO sanctioned Lacey to the following: time served in detention, 180 … (tracing the history of protections afforded prisoners in administrative hearings). Various provisions of …
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… Submitted September 20, 2017 – Decided Before Judges Simonelli and Haas. On appeal from Superior Court of New … of the children with plaintiff designated as the parent of primary residence. In November 2015, the parties exchanged a … supervised contact with the children.2 In a certification accompanying her motion, plaintiff denied that her boyfriend …
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… B. Trainer pled guilty to second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2(a) and N.J.S.A. … the indictment. He raises the following arguments: POINT ONE: THE FAILURE OF THE TRIAL COURT TO ORDER THE OFFICE OF … STATE MISLED THE GRAND JURY BY PRESENTING TESTIMONY THAT ERRONEOUSLY 3 A-2378-15T1 CLAIMED DEFENDANT CONFESSED TO THE …
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… JERSEY APPELLATE DIVISION DOCKET NO. A-4539-15T1 BRIDGETON COMMERCE CENTER, INC., BRIAN ALTMAN, DENNIS ALTMAN, and … defendants. Id. at 3-12. After the trial court dismissed one of these actions, it mistakenly concluded that the … earlier opinion, we concluded that count six "was a stand-alone claim" that was not dependent on the issues resolved in …
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… The presiding judge has determined that this appeal remains one that shall be decided by two judges. NOT FOR PUBLICATION … following a protracted trial, that Sue and Matt had become Jennie's psychological parents, and that Jennie's bests … we noted, "[t]hrough the years, it fell to Sue and Matt to comfort Jennie when she was hurt, prepare her meals, put her …
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… aggregate period of four years on probation. Sometime after completing his probation, defendant was apprehended by the … 105 N.J. 42, 58 (1987), defendant failed to establish a prima facie case of ineffective assistance of counsel due to … of defendant's plea. On appeal, defendant argues: POINT ONE DEFENDANT/APPELLANT ESTABLISHED A PRIMA FACIE CASE OF …
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… Judges Fisher and Vernoia. On appeal from the Civil Service Commission, Docket No. 2014-2045. Fusco & Macaluso Partners, … given an assignment by Sergeant Joao Carvalho to patrol alone, Officer 1 The Department charged her with violating the … 7:2.4 (reporting for duty promptly); (7) Chapter 5:4.1 (obedience to orders); (8) Chapter 7:2.5 (reporting off duty); …
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… County Prosecutor, attorney for respondent (Leonard Victor Jones, Special Deputy Attorney General/Acting Assistant … Murder Charge. Point III: Charging Petitioner As An Accomplice To A Principal (Keets) In A Felony Murder Who Was … FOR AN EVIDENTIARY HEARING BECAUSE DEFENDANT ESTABLISHED A PRIMA FACIE CLAIM OF TRIAL COUNSEL'S INEFFECTIVENESS FOR …
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… limited. R.1:36-3. May 30, 2017 A-0378-15T3 2 (mother), the primary caretaker of the parties' two children. Following … remarried, and she and her husband, Michael Terlizzi, have one child. In accordance with the parties' marital … father's cross- motion, the mother failed to provide any competent evidence to refute the father's contention. She …
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… testified that he recognized the sheriff's officer as one who "took [him] back and forth to court" for proceedings … prejudice, a defendant must show not only that the outcome of his trial would have been different absent the … that although the officer was in law enforcement, it was nonetheless beneficial to have him on the jury because he was …
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… Submitted October 26, 2017 – Decided Before Judges Simonelli and Haas. On appeal from the Superior Court of New … on the merits only if the defendant has presented a prima facie claim of ineffective assistance, material issues … a "probability sufficient to undermine confidence in the outcome" of the proceeding. [State v. O'Neil, 219 N.J. 598, 611 …
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… court in its February 5, 2018 written opinion. We add these comments. We write this opinion primarily for the parties, who are fully familiar with the … termination of his or her employment. The arbitrator reasoned that, since Arezzo was fired, he did not "terminate" …
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… she and Boxil originally flew to Trinidad and Tobago on a one-way ticket to save money. Once there, Boxil asked his cousin Kyle Joseph to help … in the United States. Defendant emphatically denied any complicity in or knowledge about this stratagem to smuggle …
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… before trial was scheduled to begin. J.N.P., questioned both by her attorney and the judge, testified under … her decision was knowing, intelligent, and voluntary; no one had forced her, coerced her, or threatened her into … 215. Despite her successful rehabilitation, J.N.P. has not done so. The child has been adopted by her grandmother, with …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-5626-18T2 BASCOM CORPORATION, Plaintiff-Respondent, v. FLYING COLORS, … municipality issued a tax sale certificate. Plaintiff Bascom Corporation purchased that certificate in March 2017. In … prior to service of the complaint. 7 A-5626-18T2 Here, one of defendant's two general partners was personally …
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… PTI. Judge McBride concluded that the prosecutor had not committed a gross and patent abuse of prosecutorial … it must further be shown that the prosecutorial error complained of will clearly subvert the goals underlying … 7 A-0562-18T3 [238 N.J. at 117.] An illegal sentence is one that is either unconstitutional or not authorized by the …