njcourts.gov
… erred in granting summary judgment by weighing the parties' competing [a]ffidavits and making premature findings of fact … that he learned about this in June 2016, and by filing this complaint, he disputed any suggestion that decedent gifted … clearly manifests the grantor's intention that the deed become immediately operative and that the grantee become the …
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… Defendants, and NEW JERSEY MANUFACTURERS INSURANCE COMPANY, Defendant-Respondent. … judgment in favor of New Jersey Manufacturers Insurance Company (NJM) and remanded the matter for a plenary hearing … determinations. Judge Paley determined that plaintiffs' primary witness, John O'Hern, the Authority's former chief …
njcourts.gov
… that if defendant was determined to be a repetitive and compulsive sex offender after an evaluation at the Adult … term. We note that defendants found to be repetitive and compulsive offenders may be sentenced to probation with a … to New York before sentencing, we made clear that the primary reason the defendant was not entitled to the …
njcourts.gov
… years of their relationship, both parties filed multiple complaints alleging acts of domestic violence against each … July 24, 2018, plaintiff filed his fourth domestic violence complaint against defendant alleging three predicate acts … issued an oral decision in which he dismissed plaintiff's complaint and vacated the TRO against defendant as a matter …
njcourts.gov
… 27, 2014.3 On February 18, 2015, defendant negotiated a comprehensive plea agreement with the State that resolved … the State would dismiss the remaining counts and recommend the court sentence defendant to a term of … hearings and found defendant had not established a prima facie case of ineffective assistance of counsel. The …
njcourts.gov
… to counts one, four, six, and seven. The plea agreement recommended a ten-year term, subject to an eighty- 3 … was pleading guilty to if he went to trial as well as the recommended sentence. Defendant indicated that he was pleading … claims had merit, he had not established a 8 A-4486-18T1 prima facie case of ineffective assistance of counsel, and …
njcourts.gov
… of first-degree robbery and one count of conspiracy to commit robbery. He was sentenced to an aggregate … ERRED BY DETERMINING THAT THE [DEFENDANT] FAILED TO MAKE A PRIMA FACIE CLAIM OF INEFFECTIVE ASSISTANCE OF COUNSEL. … errors must create a "reasonable probability" that the outcome of the proceedings would have been different than if …
njcourts.gov
… 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 …
njcourts.gov
… 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 … 213, 230-31 (1983)). "[O]nly the probability, and not a prima facie showing, of criminal activity is the standard of …
njcourts.gov
… 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 …
njcourts.gov
… for post-conviction relief (PCR). We affirm. Defendant committed the underlying offenses when he was sixteen-years- … these circumstances constituted excusable neglect to overcome the time bar. For the first time, defendant also … of fundamental injustice, as he did not demonstrate a prima facie case of ineffective assistance of plea counsel. …
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… 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 … The PCR judge correctly found defendant failed to make a prima facie showing that his plea counsel prejudiced his …
njcourts.gov
… 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 …
njcourts.gov
… D.R.'s three children. In June 2016, the Division filed a complaint for care and custody of Steven after he appeared … ear that occurs from blunt trauma to the ear. The injury is common with wrestling or boxing. The inside ridges inside … R. 2:11-3(e)(1)(E). 9 A-3007-17T2 Through the admission of "competent, material and relevant evidence," the Division …
njcourts.gov
… THAT ADDITIONAL REVIEW OF THE STATE'S FILE WAS NECESSARY TO COMPLETE HIS INVESTIGATION. 3 A-0220-18T3 POINT III THE PCR … DEFENDANT PRESENTED EVIDENCE SUFFICIENT TO ESTABLISH A PRIMA FACIE CASE OF INEFFECTIVE ASSISTANCE. POINT IV THE PCR … PCR judge properly found defendant failed to establish a prima facie claim that: (1) trial counsel's performance was …
njcourts.gov
… 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 … factors found by the sentencing court were based on competent and credible evidence in the record. The range for …
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… from a March 5, 2021 Law Division order dismissing his complaint with prejudice , and an April 16, 2021 order denying reconsideration. The complaint revolved around the disclosure of plaintiff's … 360 U.S. 264, 269 (1959)). We affirm the dismissal of the complaint but remand for the entry of a modified order …
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… treatment center for non- attendance and failure to complete a drug test. On August 2, 2021, defendant pled … that there is no likelihood defendant will successfully complete his treatment program and that due to his criminal … on special probation would present a danger to the community. The State noted that while on special probation …
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… to secure a $275,100 adjustable-rate mortgage note (Note) commencing March 8. The Note was a pick-a-payment (PAP) loan … sent defendants a conversion notice request form to be completed and returned. The notice contained the language, … for six months, Wells Fargo Bank (Wells Fargo)3 filed a complaint on October 18, 2018, seeking foreclosure on the …
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… PROCESS OF FIFTH AMENDMENT.3 3 We note in the interest of completeness that defendant's point heading is different in the body of his brief compared to the table of contents. The table of contents … the State bears the burden of proving that the offense was committed within the prescribed limitation period. See State …