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… second-degree arson, N.J.S.A. 2C:17-1(a)(2). Defendant had committed the crimes in 1981 but then fled the country. … with the criminal code in effect at the time defendant committed his crimes. See N.J.S.A. 2C:11-3(b) (1995); … those guidelines, the court summarized that defendant had committed four separate crimes and that the two murders and …
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… a condition of defendant's probationary sentence, which was completed in 2016, we reverse and remand for issuance of an … municipalities. Defendant also was charged in a two-count complaint-warrant with contempt for violating a court order, … 3 A-2838-22 psychiatric evaluation and treatment as recommended. . . . " The court dismissed the offenses charged …
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… victim] who was not able to produce her license, [O'Brien] committed serious misconduct. I find this act, alone, compromised O'Brien's ability to continue serving as a … credibly as a fact witness to an alleged crime. When combined with the inappropriate conduct . . . towards [the …
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… for the reasons set forth by Judge Sandra Lopez in her comprehensive written opinion. I. The evidence adduced at … guilt. Id. at 15-16. In September 2021, Judge Lopez commenced a four-day evidentiary hearing on defendant's PCR … an order, denying defendant's PCR petition. In her accompanying eighty-five-page opinion, the judge first …
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… 7, 2022 Law Division order dismissing with prejudice its complaint against defendant David Berlin under Rule … A-1804-21 On April 21, 2021, plaintiff filed a Law Division complaint seeking payment of $379,411.65. According to the complaint, plaintiff detrimentally relied on defendant's …
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… plaintiff judgment in the amount of $4,077.20. Plaintiff's complaint set forth two causes of action: alleged breach of … would look for the UPS email. As stated, plaintiff filed a complaint in the Special Civil Part alleging breach of … a judg[]ment against . . . defendant[s] for a failure to comply to get the product delivered to him and for consumer …
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… defendant 80% at fault for the accident and plaintiff 20% comparatively negligent. Those liability findings have not … court and reduced by 20% to take into account plaintiff's comparative fault. The net award, as molded, was … plaintiff did general maintenance work at an apartment complex. He testified that he could no longer perform those …
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… and an aide, through Global Options, which also provided a commode, a wheelchair, a bed, and fifty-hours of service a … authorized by Horizon's assessments were insufficient to complete the necessary tasks that M.E. requires. 4 A-1006-21 … her June 1, 2017 assessment, she never observed M.E. completing the necessary tasks, but based on the answers to …
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… DID NOT ESTABLISH INTOXICATION POINT III – THE COURTS BELOW COMMITTED ERROR BY SHIFTING THE BURDEN OF PROOF ONTO … Moreover, the State did not seek to obtain a warrant to compel defendant to provide a urine or blood sample. So, … his blood system, the police could have sought a warrant to compel a urine sample or a blood sample. The police could …
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… within the meaning of the rule. 5 A-2431-22 POINT V THE COMBINATION OF INEFFECTIVE ASSISTANCE OF COUNSEL, THE IMPACT …
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… AND A FAIR TRIAL BY THE LEAD DETECTIVE'S OPINING THAT COMPLAINANT WAS MORE CREDIBLE THAN DEFENDANT, PARTICULARLY WHERE THAT ERROR WAS COMPOUNDED BY THE PROSECUTOR'S SUMMATON UNDERSCORING THAT … factors. State v. Case, 220 N.J. 49, 65 (2014); State v. Fuentes, 217 N.J. 57, 73 (2014). The judge's application of …
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… is limited. Allstars Auto. Grp., Inc. v. N.J. Motor Vehicle Comm'n, 234 N.J. 150, 157 (2018) (citing Russo v. Bd. of … standard." Zimmerman v. Sussex Cnty. Educ. Servs. Comm'n, 237 N.J. 465, 475 (2019). "An agency's determination … event if that consequence is extraordinary or unusual in common experience." 192 N.J. at 201 (quoting Russo v. …
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… on behalf of Defendant Swyfft, LLC, i/p/a “Swyfft Insurance Company” (“Swyfft”), and the court having considered the … on October 16, 2024, and for the reasons set forth in the accompanying Memorandum of Decision; IT IS on this 8th Day of … pursuant to R. 4:47-1, Swyfft shall deposit all retained commissions with the Court within 30 days of the date of …
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… Keep Handy." The booklet's first eleven pages contain welcoming information and explain the coverage provided and the … §§ 1 to 16, because the transaction involves interstate commerce. This subsection lastly precludes class … includes the parties' agreement that a dispute may only be commenced in the party's "individual capacity and not as a …
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… employed as a corrections officer for the Juvenile Justice Commission for seventeen years. Castracane was assigned to … such codes over the course of his seventeen years with the Commission. As Castracane ran towards the melee, he saw a … event if that consequence is extraordinary or unusual in common experience." 192 N.J. at 201 (quoting Russo v. Tchrs' …
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… September 11, 2023 summary judgment order dismissing her complaint against defendants under the Tort Claims Act … to me by email." On May 23, 2022, plaintiff filed a pro se complaint in the Law Division against defendants Allen and … or revoked. [(Emphasis added).] The 1972 Task Force Comment regarding N.J.S.A. 59:2-5 instructs this immunity …
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… which the vehicles weaved among lanes and crossed into oncoming traffic. The BMW crashed and Pierrevil was arrested … Defendant was convicted of second-degree conspiracy to commit carjacking, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:15-2; second-degree conspiracy to commit aggravated assault, N.J.S.A. 2C:5-2 and N.J.S.A. …
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… (App. Div. Nov. 20, 2014) (slip op. at 5-6). Chavez complained to the management, and defendant left the bar. … to the jury charge. Judge DeLury denied the petition in a comprehensive thirty-three page opinion, which addressed …
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… and LEO H. WAGNER, Plaintiffs-Appellants, v. BOB MARTIN, COMMISSIONER, NEW JERSEY DEPARTMENT OF ENVIRONMENTAL … with prejudice of their second consolidated amended complaint. Two orders – dated May 12, 2017 – denied … on the remaining counts in the second consolidated amended complaint.1 Judge Dennis R. O'Brien entered 1 Plaintiffs did …
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SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-3660-16T2 STATE OF NEW JERSEY, Plaintiff-Respondent, v. DYLAN OGDEN, Defendant-Appellant. ______________________________ Argued August 14, 2018 – Decided Before Judges Sumners and Gilson. On …