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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 … 356, 372 (2010). Petitioner bears the burden to establish a prima facie case. State v. Gaitan, 209 N.J. 339, 350 (2012). …
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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- … 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 …
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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 … 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 …
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… 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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… 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 …
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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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… and (2) his claims, on their merits, did not make out a prima facie case of ineffective assistance of counsel. We … 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. …
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… the Board of Review (Board). The Board found that Wilhelm committed fraud by willfully misrepresenting her earnings … in July 2018. At the hearing, Wilhelm testified that her primary employer was Westat, Inc., but at various times she … she was claiming benefits, and if yes, to identify the income and hours worked. Wilhelm testified that she was …
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… between the investigator and Steve. When the State compared the audio recording with the redacted written … some portions of the statement, but "depending upon the outcome of [his] motion, [he] would have reserved the right not … employed here, the State would never have seen the complete unredacted interview. If the State still called …
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… Casale, on the brief). PER CURIAM Plaintiff Gauri Navare commenced this action in 2018 under the Law Against … employees in their search, Atanasio asked each registered dietician to provide up-to-date registration cards. One … based on the LAD – plaintiff was required to establish a prima facie claim of retaliation by showing: (1) she was …
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… agreement specified that at the time, plaintiff had an income of over $1.1 million1 and a sixty-eight percent ownership interest in a company valued at $3.5 million. In contrast, defendant had … form the basis of his lawsuit, equity will deny him its remedies." Rolnick v. Rolnick, 290 N.J. Super. 35, 45 (App. Div. …
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… for Smith's mother the day prior, and appellant had not completed the task. Appellant claimed that after the two … argument but returned the following morning to turn in his company credit card and keys to Paul Lecca, Stone's … hiring or firing personnel, when appellant handed in his company keys and credit card, he remarked to Lecca that "he …
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… PER CURIAM This appeal arises from a dispute concerning a commercial lease between plaintiff-landlord Ivy 100 Rand … into a five-year lease agreement with WCA 100, LLC to rent commercial premises in Somerset (the rental premises). … settlement agreement also provides: If [d]efendant fails to comply with any . . . terms in this Stipulation of …
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… accordingly to $7,500 pursuant to an updated appraisal completed in September 2019. On November 11, 2019, plaintiff … respond. On December 27, 2019, Plaintiff filed a verified complaint and order to show cause against defendant. … Id. at 269. The Supreme Court held the defendant made a prima facie case the condemnation was arbitrary by producing …
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… motion for summary judgment and dismissed plaintiff's complaint for failure to satisfy the requirements of the New … 59:1-1 to -14.4 (the Act).1 We affirm. Because this matter comes to us from the trial court's grant of summary judgment … set forth in her written opinion and add the following comments. N.J.S.A. 59:4-2 prescribes when a public entity …
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… and English and a Spanish interpreter translated the communications 3 A-2797-18 between defendant and his … BECAUSE THE PLEA FORM AND THE PLEA TRANSCRIPT ESTABLISHED A PRIMA FACIE CASE THAT TRIAL COUNSEL FAILED TO INFORM … fell short of the prevailing norms of the legal community. Padilla v. Kentucky, 559 U.S. 356, 366-67 (2010). …
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… 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 …