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… bed in the middle of the bed. And then I remember my dress coming up over me and my hands going up and then falling . . … dead weight. They just fell. And then I remember his hand coming up from the back and unclasping my bra. . . . . I … [our] judgment for that of the sentencing court." State v. Fuentes, 217 N.J. 57, 70 (2014). At sentencing, the court …
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… 31, 2016 order, as well as the February 16, 2017 order compelling it to pay defendant 's counsel fees. 1 "Sally" is … support to help defendant provide a lifestyle for Sally commensurate with what the child enjoyed when with the … the father's death, the mother discovered decedent had not complied with his obligations under Article 1.5 of the SPSA. …
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… Law Division order granting summary judgment dismissing her complaint against defendant PCS Wireless, Inc. (PCS) as … remedy provision, N.J.S.A. 34:15- 8, in the Workers' Compensation Act, N.J.S.A. 34:15-1 to -142 (the Act). Plaintiff also appeals from a companion order barring, in part, the report and testimony …
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… apartment, and surrounding area. Thereafter, plaintiffs commenced this action in the Law Division seeking a judgment … 19, 2016, the trial court heard oral argument on the complaint. On April 15, 2016, the judge filed a written … an order dated April 15, 2016, which dismissed plaintiff's complaint with prejudice and remanded the matter to the …
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… there is probable cause to believe that a crime has been committed, or is being committed, at a specific location or that evidence of a … Probable cause is "consistently characterized . . . as a common-sense, practical standard for determining the …
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… DIVISION DOCKET NO. A-2217-15T5 IN THE MATTER OF THE CIVIL COMMITMENT OF A.M. SVP-716-15. ___________________________ … from a September 22, 2015 judgment ordering his involuntary commitment to the Special Treatment Unit (STU) pursuant to … kill them, then raping and throwing them out of his car. He committed the first assault at age twenty-four, against a …
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… plaintiff Bijou Villa Condominium Association, Inc. filed a complaint against defendants, alleging they failed to obtain … and maintains the two-building seventy-unit condominium complex located next to the Shark River in Neptune, New … Ed King and his wife Kathy1 owned a condominium in the complex from 1984 to 1998. Ed served as president of …
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… went upstairs to follow the "shadow." They saw defendant coming from the bathroom. Defendant said he had just flushed … At the time of his arrest, defendant was working for a company where he was paid "under the table" with cash. K. … sentence . . . ." N.J.S.A. 2C:43-2(e); see also State v. Fuentes, 217 N.J. 57, 74 (2014) (finding that "[a] careful …
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… on the brief). PER CURIAM Plaintiff Mara Oliva filed a complaint against her former employer, St. Joseph's Regional … Protection Act (CEPA), N.J.S.A. 34:19-1 to -14. After the completion of discovery, the trial court granted summary … psychiatric treatment. Before a patient could be committed involuntarily, a number of procedures had to be …
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… AND STRENGTH OF DEFENDANT'S REASONS FOR WITHDRAWAL ARE COMPELLING. C. THE EXISTENCE OF A PLEA BARGAIN DOES NOT MEAN … 2C:35-7 (count three). On August 7, 1995, plea forms were completed when the matter was assigned to Judge Edward Toy, … for a dismissal of count one. The State agreed to recommend a ten-year sentence with a three- 4 A-2215-17T4 …
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… vacate his guilty pleas. That being said, for the sake of completeness, we conclude the record does not support his … to the Edison house to execute an arrest warrant against Malcom A. Bradley – believing he was present in the house – who … any way, shape, or form that the police were not allowed to come in; police asked about Bradley's presence and …
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… Submitted May 24, 2017 – Decided Before Judges Fuentes, Simonelli and Farrington. On appeal from the … as co-defendant Aleem Mallard, entered and pulled the gate completely shut. Defendant brandished the gun at the three … for the offense did not exist and the offense had not been committed. Therefore, Fernandez could not have benefitted …
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… (PARTIALLY RAISED BELOW) POINT II THE PLEA TO CONSPIRACY TO COMMIT AGGRAVATED ASSAULT CONSTITUTED AN IMPROPER AMENDMENT … 1, 2010, police charged defendant in juvenile delinquency complaints with offenses that, if committed by an adult, would constitute murder, aggravated …
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… light-industrial (L-I) zone, where single-family uses and commercial pet-grooming facilities are not permitted. In … writs in the Law Division. In counts one and two of the complaint, plaintiffs sought a judgment invalidating the … summary judgment to defendants on counts one and two of the complaint. The order noted that plaintiffs had voluntarily …
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… a cross-motion. She sought to sanction defendant until he complied with the court's prior order by providing proof … made to him or to reveal the value of the assets, their income production or 7 A-5753-14T1 income producing potential, or other information relevant to …
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… Business, L.L.C. to challenge the Ordinance, and filed a complaint in the Law Division through plaintiff. The court … and found the legislature had not intended for a SID to encompass an entire city. The judge denied plaintiff counsel … a traditional "downtown" area; and 4) SIDs containing non-commercial use, such as industrial and certain multi-family …
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… in a twenty-four-count indictment with multiple offenses committed against five women during five separate incidents … cheek, and Investigator Virgil Angelini requested a comparison of defendant's DNA and the male DNA profile … extraordinary brutality involved in an offense." State v. Fuentes, 217 N.J. 57, 75 (2014) (citing O'Donnell, supra, …
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… presented sequentially versus simultaneously; (7) whether a composite is used; and (8) whether the procedure is a … be the perpetrator, and that the witness should not feel compelled to make an identification. That was not done. All … suspect, the perpetrator was not wearing a disguise in his commission of the criminal act. This too favored …
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… APPELLATE DIVISION DOCKET NO. A-3604-15T1 DEPARTMENT OF COMMUNITY AFFAIRS, SANDY RECOVERY DIVISION, … Judges Nugent and Accurso. On appeal from the Department of Community Affairs, Docket Nos. RSP0015504 and RRE0015496. … appeals from a final agency decision of the Department of Community Affairs (DCA or Department) to recoup …
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… DIVISION DOCKET NO. A-5145-14T2 IN THE MATTER OF THE CIVIL COMMITMENT OF A.D. SVP-719-15. ___________________________ … CURIAM A.D. appeals from a judgment that ordered his civil commitment pursuant to the Sexually Violent Predator Act … and one count of second-degree criminal attempt to commit aggravated sexual assault, N.J.S.A. 2C:14-2(a). These …