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… surveillance tape coupled with the trial judge's comments to defense counsel deprived him of a fair trial. We … Defendant cites State v. Lazo, 209 N.J. 9 (2012) in support of his position. Because defendant did not raise … a photo array because defendant's photo resembled the composite sketch of the assailant. Lazo, supra, 209 N.J. at 12. …
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… observing "someone [] slumped over into the passenger compartment" of a gray sedan in the parking lot. Based upon … hearing, Judge Robert J. Gilson denied both motions in a comprehensive, well-reasoned, written opinion.2 The judge … where detective was in process of preparing affidavit in support of search warrant based on information independent …
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… In exchange for defendant's guilty plea, the State recommended a ten-year sentence on Count One and a seven-year … 2C:44-1(f)(2) provides: In cases of convictions for crimes of the first or second degree where the court is clearly … not affect the outcome of the second prong. "The reasons supporting the interest of justice prong must be 'in …
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… DENIED DEFENDANT HIS CONSTITUTIONAL RIGHT TO PRESENT A COMPLETE DEFENSE BY STRIKING CERTAIN TESTIMONY IN SUCH A WAY … has a Sixth Amendment right to offer any evidence that refutes guilt or bolsters a claim of innocence." State v. … occurring after a charged offense may circumstantially support an inference about a defendant's state of mind, and …
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… APPELLATE DIVISION DOCKET NO. A-5266-15T2 ANIM INVESTMENT COMPANY, Plaintiff-Appellant, v. GEORGE SHALHOUB and … Based on the foregoing, Specialized Loan Servicing does not support [p]laintiff's proposition that subsection (a) … Generally, newly enacted laws are applied prospectively. James v. N.J. Mfrs. Ins. Co., 216 N.J. 552, 556 (2014). This …
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… DECISION IS BASED ON A MISAPPLICATION OF THE LAW AND NOT SUPPORTED BY THE RECORD. A. LENGTH OF DELAY. B. REASON FOR … for the reasons set forth by the Law Division judge in his comprehensive review of the proofs relating to the officer's … the officers sustaining an injury which precluded him from coming to court. That would be a reasonable adjournment if . …
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… A heart attack occurs when one or more coronary arteries become blocked. A patient may have a complete blockage or … alleging that decedent died "from iatrogenic causes." In support of these claims, plaintiff retained the services of … claim or action; or (2) the instruction of students in an accredited medical school, health professional school, or …
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… last fourteen months of his life. Specifically, plaintiff's complaint focused on decedent's development of pressure … health teaching, health counseling, and provision of care supportive to or restorative of life and well-being, and … weapons forfeiture action following the dismissal of a domestic violence complaint that the wife had filed against …
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… defendant returned later that evening, Griffin saw him "coming from an area near the victim's apartment, not from … was ineffective for not retaining a dental expert to refute Titunik's 6 A-0031-21 testimony evidencing the marks on … opinion." Ibid. "There was more than ample evidence to support the jury's finding of guilt beyond a reasonable …
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… clerk at gunpoint, threatening to shoot the clerk unless he complied with defendant's demands. On May 1, 2016, defendant … the trial court's decision so long as those findings are 'supported by sufficient credible evidence in the record.'" … court concluded "once the basis to impound a vehicle becomes clear, police officers have no right to proceed with an …
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… Bruce H. Nagel and Bradley L. Rice, on the briefs). James B. Sharp argued the cause for respondent (Schenck, … award of attorney's fees and costs. Plaintiff's counsel's supporting certification explained that he never agreed or … judge's experience. 9 A-1717-15T1 sum regardless of the outcome of the trial." Malick, supra, 398 N.J. Super. at 184 …
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… v. DYCOTRADE HGH B.V., a Foreign Limited Liability Company, Defendant-Appellant. ____________________________ … Corporation Group's tuna production facilities. On its website, plaintiff lists its warehouse locations throughout the … N.J. Super. 553, 560 (App. Div. 2022). When a complaint and supporting documents are unclear, or a party presents facts …
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… (the Authority) appeals from an order dismissing two tax complaints it filed challenging the tax assessments on … under N.J.S.A. 54:4-3.3 and dismissed the Authority's complaints, which sought to declare that the Lands were … between types of uses of the land; rather, the language supports an interpretation that any land used for a public …
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… to in the appellate record and because some of them share a common surname. We intend no disrespect. January 27, 2021 3 … and whether granting the amendment would nonetheless be futile." Notte v. Merchs. Mut. Ins. Co., 185 N.J. 490, 501 … for defendants' breach of fiduciary duty. Lash is inapposite because there, our Supreme Court held attorney's fees …
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… the trial court's orders denying its motions to amend its complaint and to compel discovery. Plaintiff also appeals … the litigation. Plaintiff was aware of facts relied upon to support a fraud in the inducement claim when the litigation … addition, had the amendment been allowed it would have been futile for the reasons stated below in affirming the summary …
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… convenience, we use the name that appears in her original complaint. 2 Evidently, counsel did not spread the … although a familiar practice, is not a procedure requisite to enforcement." Pascarella v. Bruck, 190 N.J. Super. … portion of amounts payable to Medicare, then and in the future, and that "the responsibility to reimburse Medicare …
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… use in other cases is limited. R. 1:36-3. 2 A-4372-17T2 James C. Jensen argued the cause for respondent/cross- … and they separated in November 2008. Plaintiff filed the complaint for divorce that is the subject of this appeal on … undergirding the trial court's decision if they are supported by adequate, substantial and credible evidence on …
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… entering the building and arresting defendant in one of its common area hallways. The material facts developed at the … and his family resided. Though he had only seen him a few times, Natal said that defendant was the woman's boyfriend. … permission to enter the building is without any legal support. Here, "[t]here is not one indication in the record …
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… A-3962-18T4 STATE OF NEW JERSEY, Plaintiff-Respondent, v. JAMES D. DIXON, a/k/a JAMES DEAN, DANE DIXON, DARRIN DIXON, … prong, an "erroneous strategic prediction about the outcome of a trial is not necessarily deficient performance." … 285, 294 (App. Div. 2016), unless the findings are not supported by adequate, substantial and credible evidence, …
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… eight counts: attempted second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2(a) and N.J.S.A. … to the 'facts [it] intends in good faith to prove by competent evidence.'" State v. Wakefield, 190 N.J. 397, 442 … and his attorney's request for release pending appeal support his testimony. Thus, the PCR court did not have …