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… (count three); second-degree possession of a firearm during commission of a drug crime, N.J.S.A. 2C:39-4.1(a) (count … be considered a mistake which would have changed the outcome of the trial." The PCR judge further ruled that even if … a probability sufficient to undermine confidence in the outcome." State v. Harris, 181 N.J. 391, 432 (2004) (quoting …
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… but sought to prove he lacked the mental state required to commit murder. Defendant presented an expert who opined that … medical examiner testified the cause of death was assault "compounded by strangulation both manual and ligature." A … City by 7:05 a.m. on April 26, 1996. Defendant argues it is common knowledge death by strangulation occurs immediately …
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… under Indictment No. 13-12-3306, the State agreed to recommend an aggregate sentence not to exceed twenty years and … proceeding, defendant testified that on August 28, 2013, he committed a sexual assault upon C.R. by physically forcing … the sexual assault." Defendant further testified that he committed the offense of human trafficking on August 8, …
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… an unmarked police SUV driven by Lieutenant Dave DeSane accompanied by Officer Eddy Raisin. They were on patrol in a … premiums don't go out of whack. So there are many, many components to settlements, none of which have anything to do … a probability sufficient to undermine confidence in the outcome." State v. Harris, 181 N.J. 391, 432 (2004) (quoting …
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… and LAURA BARTZ, Plaintiffs-Respondents, v. WEYERHAEUSER COMPANY, SCHAEFFER FAMILY HOMES, LLC, SCHAEFFER … Novack, on the brief). PER CURIAM Defendants Weyerhaeuser Company, Schaeffer Construction LLC, Schaeffer Family Homes … appeal the August 2, 2019 order that denied their motion to compel binding arbitration of the claims made by plaintiffs …
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… to "defendant" as Nabil Rizkalla. 3 A-5009-18T3 Plaintiff complained of lower back pain and was taken to a local … but declined because she has diabetes. No surgery was recommended. Plaintiff did not sustain any lost wages or other … conditions were not permanent injuries and had "resolved completely." Plaintiff testified about the nature and …
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… INC., and all subsidiaries and related entities, MCI COMMUNICATIONS SERVICES, INC., and all subsidiaries and related entities, XO COMMUNICATIONS SERVICES LLC, f/k/a XO NEW JERSEY, INC., and all subsidiaries and related entities, COMCAST BUSINESS COMMUNICATIONS, INC., and all subsidiaries …
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… FOR THE TIME HE SERVED IN CUSTODY PRIOR TO SENTENCING, COMBINED WITH HIS FAILURE TO EXPLAIN TO DEFENDANT THE … an Essex County indictment with first-degree conspiracy to commit murder, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:11-3(a) … (counts nine and ten); second-degree conspiracy to commit aggravated arson, N.J.S.A. 2C:5-2 and N.J.S.A. …
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… third-party investigation of the Chief, as had been recommended 1 Under this State's Open Public Meetings Act, … and document production. When that discovery was completed, the Township moved for summary judgment. In a … without leave . . . . 2 Available at: https://ecode360.com/10298754. 8 A-4108-18T1 (24) Refus[al] to perform any …
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… to defendant PBA Local 105 (PBA) and dismissing his complaint, which alleged that PBA breached its duty to … of an illegal drug, defendant had engaged in conduct unbecoming of a public employee, N.J.A.C. 4A:2- 2.3(a)(6), and … legal analysis. RSI Bank, 234 N.J. at 472 (citing Templo Fuente De Vida Corp. v. Nat'l Union Fire Ins. Co., 224 N.J. …
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… indictments against defendant for three separate crimes committed on different dates. On January 26, 2012, defendant … robbery, N.J.S.A. 2C:15-1; and first- degree conspiracy to commit robbery, N.J.S.A. 2C:5-1 and -2. On January 30, 2012, … N.J.S.A. 2C:39-4(d); and first-degree use of a minor to commit a criminal offense, N.J.S.A. 2C:24-9(a). 4 A-4116-18 …
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… have supported an actual duress defense, and failing to communicate with him adequately, all of which led to an … serious economic penalties upon workers who refused to comply with his demands – even in a social context . . . . … in reliance on the trial court's sua sponte off-the-record comments about giving a duress charge. The trial court's …
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… 2015. In May 2016, petitioner saw David Markowitz, M.D., complaining of pain in his left wrist radiating into his fingers and up his left arm. Dr. Markowitz recommended an orthopedic follow-up. In July 2016, Jonas … by Dr. Matzon in March 2017 because petitioner continued to complain of pain in his left wrist. Surgery revealed …
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… until the theft was discovered in early 2017. Defendant accomplished the theft by changing the address on her late … pled guilty in July 2018, defendant was hired by a staffing company, which rescinded the offer after a criminal … examination, defendant stated her primary sources of income were Social Security retirement benefits of $1372 per …
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… from allegations that between June 23 and July 11, 2018, he committed an act of sexual contact by touching his … agreement to move to dismiss the remaining count and recommend a sentence of probation conditioned upon 2 Defendant … General's Office filed a petition seeking defendant's civil commitment as a sexually violent predator pursuant to the …
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… of his PCR petition without prejudice pending the outcome of his motion for a stay of the petition for a writ of … Amendment to the United States constitution and New Jersey common law unless he or she is first advised of the pending … on a factual assertion that finds no support in the competent evidence. Defendant argues his constitutional …
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… "relates back" to the date of plaintiff's original complaint, pursuant to Rule 4:9- 3, we affirm. I. We glean … advice by the Crossroad defendants. Plaintiff filed her complaint on December 3, 2019, four days before the running … 3:16 v. 63 Passaic City, 243 N.J. 175, 184 (2020); Templo Fuente De Vida Corp. v. Nat'l Union Fire Ins. Co. of …
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… a twenty-four-page written decision. Appellant then filed a complaint in the Law Division seeking to set aside the … of this matter, and we need not detail that background comprehensively. The following discussion will suffice for … an arbitrator appointed by the Public Employment Relations Commission ("PERC"). The purpose of this contractual …
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… NEW JERSEY APPELLATE DIVISION DOCKET NO. A-3278-20 MONMOUTH COMMERCE CENTER, LLC, Plaintiff-Appellant, v. HOWELL … action in lieu of prerogative writs, plaintiff Monmouth Commerce Center, LLC (MCC) appeals from two orders: a May 7, … project consisted of eight warehouse buildings and one commercial office building in the Township. The project's …
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… 2C:14-2(c)(1) and 2C:14-3(b), in exchange for the State's recommendation, with the victim's consent, that he enter PTI … without her consent. The court sentenced defendant to the recommended term of PTI. The conditions of PTI supervision included that defendant was to: (1) complete domestic violence counseling; (2) undergo a …