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… SAMANTHA WEIRBACK, and AMERICAN MODERN HOME INSURANCE COMPANY, Defendants, and GREGORY MORTIMER, and SAMANTHA … cases is limited. R. 1:36-3. 2 A-0375-20 HOME INSURANCE COMPANY, Third-Party Defendant- Respondent. … PC, attorneys for respondent American Modern Home Insurance Company (Jay Lavroff and Steven Backfisch, on the brief). …
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… and told defendant "he wasn't scared of him and . . . stop calling." Unbeknownst to the victim, defendant had sent … strategy was to establish that [defendant] did not commit a robbery, but instead, that there was a fight … trial strategy is clearly within the discretion of competent trial counsel). Although the judge was not …
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… are not in agreement. We have worked hard at trying to come together for an agreement by reviewing the evidence and … N.J. 428 (2020), controls disposition of this appeal and compels us to reverse defendant's conviction. In Horton, the … was remarkably like the facts presented here: This appeal comes before the Court to consider the actions of the trial …
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… PER CURIAM Plaintiff Michele Gonzalez filed a verified complaint in lieu of prerogative writ objecting to defendant … announced on the record the adjournment of the hearing to a future date." Id. at 349. Thus, we agree with the trial … conducted. See N.J.S.A. 40:55D-10(b) (allowing municipal bodies to enact rules that govern their hearings). This was …
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… of first-degree robbery and one count of conspiracy to commit robbery. He was sentenced to an aggregate … errors must create a "reasonable probability" that the outcome of the proceedings would have been different than if … at 170). In this instance, defendant has not presented any competent evidence showing, for example, what would have …
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… direct appeal Smith's convictions of murder, conspiracy to commit murder, and related weapons offenses, State v. Smith, … morning after, when Evans asked him to do him a favor to accompany his sister to return the SUV. Evans picked up Smith … . . . must be examined liberally when new information comes from a co-defendant who is unavailable, as a matter of …
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… is limited. R. 1:36-3. 2 A-2113-18T2 PER CURIAM In his complaint, plaintiff alleged that defendant violated his … accident—probable cause existed to charge plaintiff with committing these offenses. Plaintiff appeals arguing: POINT … drivers involved in the incident that plaintiff failed to stop at a red light. Plaintiff's "speech was slurred," his …
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… in 1995, and charged with second-degree conspiracy to commit murder, in violation of N.J.S.A. 2C:5-2 and N.J.S.A. … No. A-3453-00 (App. Div. Feb. 8, 2002). When defendant committed the June 1995 offenses, he was on probation for a … had also violated probation by failing to report, perform community service and pay fines. Defendant's contention that …
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… 7, 2018 orders denying their motions to dismiss the complaint and compel arbitration. The Chancery court concluded defendants … as an affirmative defense. In response, defendants refuted plaintiffs' arguments. They also asserted, that as an …
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… and arrested E.M. W.F. went to the police station to file a complaint against E.M. W.F. left her seven-year-old son … appeared with similar physical characteristics and skin complexion." Furthermore, the PCR court pointed out that … a probability sufficient to undermine confidence in the outcome" of the matter. Id. at 694. A petitioner bears the …
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… distribute it (count twelve) in exchange for a sentencing recommendation of a five-year prison term subject to a … "was confident that a plea agreement and the sentencing outcome he anticipated would result in [defendant] not being … of CDS with intent to distribute knowing the sentence recommendation was a five-year term with two years of parole …
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… the ground. Any property beyond a unit's deck was deemed a common element. Joan Carella also purchased a unit at The … ultra vires because it authorized the modification of the common elements without the unanimous consent of all of the … from the deck to the ground. In June 2015, The Pointe's community manager advised plaintiffs by letter that they …
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… for post-conviction relief (PCR). We affirm. Defendant committed the underlying offenses when he was sixteen-years- … again?" Defendant flatly stated: "No." The prosecutor then stopped questioning defendant. At sentencing, defendant … these circumstances constituted excusable neglect to overcome the time bar. For the first time, defendant also …
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… replied, "Yeah, yeah." Defendant also acknowledged stopping at "the stop sign at Beacon Street," which he … because he "failed to investigate [his] defense" and recommended he plead guilty "when there was no factual basis … that (i) counsel's assistance was not "within the range of competence demanded of attorneys in criminal cases"; and …
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… withdrawal of their then pending motion to dismiss the complaint and returning the matter to the Office of … by the terms of the consent order. Now that plaintiff has complied with the settlement, defendant seeks to vacate the … A-0096-18T4 submission of the letter to the court was not accompanied by an affidavit or certification attesting to the …
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… D.R.'s three children. In June 2016, the Division filed a complaint for care and custody of Steven after he appeared … had a linear bruise underneath his right eye and on the top of the right side of his forehead. Steven told the … ear that occurs from blunt trauma to the ear. The injury is common with wrestling or boxing. The inside ridges inside …
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… be holding his waistband as if he had a gun. The officers stopped, exited their vehicles, and two of the men began to … or believing portions of both, or, indeed, believing both completely, the defenses are not mutually exclusive." Ibid. … factors found by the sentencing court were not based upon competent and credible evidence in the record; or (3) "the …
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… THAT ADDITIONAL REVIEW OF THE STATE'S FILE WAS NECESSARY TO COMPLETE HIS INVESTIGATION. 3 A-0220-18T3 POINT III THE PCR …
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… of Labor & Workforce Development, Division of Workers' Compensation, Passaic County, Claim Petition No. 2012-934. … Employer's Fund. PER CURIAM In this appeal from a judge of compensation's award to an employee, the employer, Morales … injuries, entitling Liranzo to benefits under the Workers' Compensation Act, N.J.S.A. 34:15-1 to 34:15-146. We vacate …
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… Div. 2000), where we held "a defendant is entitled to a complete and vigorous defense, requiring counsel, at the … trial record, in his appellate brief, and in a post-trial complaint filed with a District Ethics Committee. Referencing defendant's direct appeal, the judge …