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njcourts.gov
… __________________________________ HOMESITE INSURANCE COMPANY, as subrogee of Rose Dun, Plaintiff, v. PUBLIC … _________________________________ HOMESITE INSURANCE COMPANY, as subrogee of Irwin Author, Plaintiff, v. 3 … or inconvenience are largely unique to the plaintiff and ultimately turn on the factfinder's view of each plaintiff's …
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njcourts.gov
… 2:11-3(e)(2), and affirm, adding only the following brief comments. The trial judge's findings are contained in a … vehicle and told defendant to get out. Defendant complied. The detective explained to defendant that he … was that smell that prompted the further investigation and ultimately the search of the vehicle. Third, defendant …
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njcourts.gov
… our review of her written decision demonstrates that she comprehensively analyzed defendant's PCR arguments. 4 … "a reasonable likelihood that his . . . claim will ultimately succeed on the merits." State v. Marshall, 148 … a probability sufficient to undermine confidence in the outcome." Id. at 694. "[I]f counsel's performance has been so …
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njcourts.gov
… he had been convicted out of state in 2008 for a crime he committed in 1998; (2) his conviction obligated him to … does not contend the North Carolina crime for which he was ultimately convicted and sentenced, second-degree rape, …
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njcourts.gov
… Mawla and Rose. On appeal from the New Jersey Civil Service Commission, Docket No. 2019-3363. The Law Offices of Fusco & … resulted in his being placed on academic probation and ultimately being dismissed from college; (2) his termination … his termination from Rutgers, but argued he was denied due process because there was never a disciplinary proceeding; …
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njcourts.gov
… with his attorney, and understood the parameters of the recommended sentence— thirty years subject to thirty years of … agreement, and that no promises had been made in order to compel him to plead guilty. He had reviewed discovery with … focused on his desire for "the truth to be out there that ultimately he did not mean to kill anybody." Since counsel …
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njcourts.gov
… 4 A-2242-17T2 likelihood that his . . . claim will ultimately succeed on the merits." Ibid. For a defendant to … to 1 In the two indictments, defendant was charged with committing twenty-eight offenses. 2 In that indictment, the … threats, one count of second-degree conspiracy to commit first-degree armed robbery, and two counts of second- …
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njcourts.gov
… and the second on March 1, 2017, as to J.C.'s available income for pre-eligibility medical expenses (PEME). J.C.'s … conducted consistent with fundamental notions of due process. A hearing will permit DMAHS to exercise its … ruling may be reviewed or challenged before the agency, and ultimately by this court if further review is sought. …
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njcourts.gov
… Price appeals from a July 21, 2017 order dismissing his complaint in lieu of prerogative writs against defendants … Further, if a member misses a hearing during an application process and has not reviewed the transcript or heard a … use was not a permitted conditional use. The trial court ultimately rejected both arguments, determining both …
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njcourts.gov
… Starbucks was then leasing across the street , filed a complaint in lieu of prerogative writs challenging the site … the parking variance was arbitrary and capricious and its ultimate interpretation of the ordinance erroneous. Judge … application." The judge also emphasized that Delco's due process rights were never compromised by the decision to …
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njcourts.gov
… make a right turn at a stop sign without appearing to come to a full stop. The officer activated his lights and … and well supported by the record. We add only a few brief comments. "Post-conviction relief is New Jersey's analogue … N.J. 94, 103 (2017). It is "inconsequential" defendant was ultimately acquitted of failing to stop at a stop sign. …
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njcourts.gov
… DIVISION DOCKET NO. A-2287-16T5 IN THE MATTER OF THE CIVIL COMMITMENT OF G.B., SVP-760-16. ________________________ … from the statute. In order to "comport with substantive due process concerns, [the] Court interpreted the third … to accept all or any part of [an] expert opinion[].' The ultimate determination is 'a legal one, not a medical one, …
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njcourts.gov
… points: POINT I: THE PROSECUTOR'S CROSS-EXAMINATION AND COMMENTS REGARDING DEFENDANT'S DELAY IN CLAIMING … TO A FAIR TRIAL AND HIS FOURTEENTH AMENDMENT RIGHT TO DUE PROCESS BY THE TRIAL COURT'S PRECLUDING THE ADMISSION OF … alleged in the light most favorable to the petitioner, will ultimately succeed on the merits." R. 3:22-10(b). However, a …
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njcourts.gov
… confirmed his account. Ibid. At sentencing, trial counsel commenced his argument in support of mitigation by directing … by defendant which reveal his "reasons or his thought process involving the assault presented in this case . . . … a reasonable likelihood that his . . . claim will ultimately succeed on the merits." State v. Marshall, 148 …
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njcourts.gov
… agreed verbally that he understood what his attorney had communicated to the court, he agreed with it, and he wished … Following oral argument, Judge Jeffrey J. Waldman issued a comprehensive written opinion and order denying the … obtained additional charges during that time, for which he ultimately pled guilty. The judge concluded defendant had …
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njcourts.gov
… trial court entered the order after finding that defendant committed the predicate acts, see N.J.S.A. 2C:25-19 (a), of … On August 27, 2017, plaintiff filed a domestic violence complaint and a request for a TRO against defendant, which … and criminal coercion as predicate acts. While the court ultimately found that plaintiff proved harassment, it did so …
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njcourts.gov
… and Susswein. On appeal from the New Jersey Civil Service Commission, Docket No. 2017-1441. Robert K. Chewning argued … Attorney General, attorney for respondent Civil Service Commission (Pamela N. Ullman, Deputy Attorney General, on … for urinating in public. The Commission considered, and ultimately rejected, petitioner's arguments that attempted …
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njcourts.gov
… traumatic event and not the result of his negligence, but ultimately determined that his disability was not the direct … intervention of other contributive causes or the like, or a combination of such factors"); Petrucelli v. Bd. of Trs., …
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njcourts.gov
… to another vicinage because his trial counsel had become a judge in the same vicinage where defendant was tried … HIS TRIAL ATTORNEY DID NOT 5 A-0336-16T1 REQUEST AN ACCOMPLICE LIABILITY INSTRUCTION PRIOR TO CLOSING ARGUMENTS. … 594, 631 (1990) (noting the decision whether to testify ultimately lies with the defendant, and it "is an important …
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njcourts.gov
… Simonelli and Gooden Brown. On appeal from the New Jersey Commissioner of Education, Docket No. 12-1/12. Vito A. … General, argued the cause for respondent New Jersey Commissioner of Education (Christopher S. Porrino, Attorney … A-5393-13T3 [A]n appellate court will not upset an agency's ultimate determination unless the agency's decision is shown …