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… for voluntary dismissal of their medical malpractice complaint or, alternatively, an order extending discovery. … and granted plaintiffs' cross-motion for dismissal of the complaint without prejudice. We vacate the May 16, 2024 … plaintiffs' cross-motion for voluntary dismissal of their complaint. 3 A-3410-23 In August 2010, B.F.'s mother …
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… and Jacobs. On appeal from the New Jersey Civil Service Commission, Docket No. 2021-1372. Matthew J. Platkin, … General, attorney for respondent New Jersey Civil Service Commission (Bernadette Dronson, Deputy Attorney General, on … his tenure with the DOC, he was subject to disciplinary reprimands and suspensions for multiple infractions. Between …
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… Alexander Lopez, went to a home in Camden planning to commit an armed robbery. During the robbery, defendant shot … "I don't want to do that to you." Defendant then made a comment about wearing "a red suit," apparently referencing … 216 N.J. 343, 354 (2013) (quoting R. 3:22-10(b)). "A prima facie case is established when a defendant …
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… affidavit to secure a search warrant was "planted" in his computer. The PCR judge denied the petition, finding the … were more credible regarding the access to defendant's computer. The PCR judge also found, even if the … for the reasons expressed in Judge Michael Toto's comprehensive written opinion. In our opinion on direct …
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… were married on September 8, 1990, and plaintiff filed a complaint for divorce in 2016 citing irreconcilable … differences. Plaintiff sought joint legal custody and primary physical custody of their unemancipated child, child … support, alimony, and equitable distribution. Before trial commenced on March 28, 2018, the court granted a limited …
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… the court concluded that defendant had not established a prima facie case of cohabitation. The court found: 4 … "a level of support and standard of living generally commensurate with the quality of economic life that existed … has undertaken duties and privileges 7 A-3415-23 that are commonly associated with marriage or civil union but does …
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… Julie stated she "recalled feeling pain in her rectum, 'coming and going,' and hearing defendant's voice whispering, … ENTITLED TO AN EVIDENTIARY HEARING WHERE HE ESTABLISHED A PRIMA FACIE CASE OF INEFFECTIVE ASSISTANCE OF COUNSEL IN THE … claimed it was the first time she ever smoked marijuana. Ladies and gentlemen, is it a coincidence that all of this …
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… the trial court mistakenly held she did not demonstrate a prima facie claim of a substantial change in circumstances … standard of living, and stipulated to plaintiff's imputed income, and she has not demonstrated she cannot earn any income. However, because plaintiff demonstrated a prima facie …
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… him. Heath ran into the street, only to be struck by an oncoming car. As Heath lay at the curb, defendant approached … testify that he was home during the shooting. A jury trial commenced on August 7. The State presented six witnesses and … The PCR court concluded "[defendant] has failed to make a prima facie showing of ineffectiveness on [each] issue [and …
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… the trial court erred in finding he failed to present a prima facie case of changed circumstances warranting … additional twenty percent of any 3 A-2594-23 additional income earned over this base salary until the earlier … "left to the sound discretion of the trial judge." Walles v. Walles, 295 N.J. Super. 498, 514 (App. Div. 1996). …
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… HELD AN EVIDENTIARY HEARING. 1. [Defendant] Presented a Prima Facie Case of Ineffective Assistance of Trial and PCR … of the jail records would not have led to a different outcome at trial. 14 A-0831-23 IV. We also reject defendant's … applications were time-barred, he failed to establish a prima facie right to PCR based on ineffective assistance of …
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… -35, and an order granting attorney's fees to plaintiff as compensatory damages pursuant to N.J.S.A. 2C:25-29(b)(4).1 … newborn grandchild to visit, hoping that "the house would become more of a family center." Wehn asked only plaintiff to … twice since the TRO was entered. Notwithstanding the TRO compelling defendant to leave, Wehn told plaintiff that she …
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… proposal, citing prohibitions against its residential component and other deficiencies. Plaintiff then submitted a … modified application. In response, plaintiff filed a complaint in lieu of prerogative writs with the Law … various uses permitted in B-1 zones, including 3 A-0705-23 commercial buildings, government offices, retail stores, art …
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… a plastic bag hidden behind an electric panel located in a common hallway area of an apartment complex. Defendant contends probable cause was not … (CDS) at Building 48 of the Mravlag Manor apartment complex (the Manor) in Elizabeth. Nicolas and Heller knew …
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… change her sentences, contending that the sentences had become illegal under Rule 3:21-10(b)(5) because of sexual … defendant 10 A-1477-23 has civil and administrative remedies available to address her mistreatment in prison. "'An … her sentences at EMCF, she has civil and administrative remedies for that mistreatment. In that regard, defendant filed …
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… DIVISION DOCKET NO. A-0651-23 IN THE MATTER OF THE CIVIL COMMITMENT OF T.T., SVP-117-00. ___________________________ … an October 12, 2023 Law Division judgment continuing his commitment to the Special Treatment Unit (STU), the secure … criminal history and treatment records are inaccurate. A primary focus of T.T.'s testimony was his claim that he …
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… years and began working for CPD in 2009. CPD assigned E.T. primarily to patrol. On September 3, 2015, E.T. responded to … and report as well as the Medical Review Board's recommendations. The Board modified its prior decisions, … that "[E.T.'s] job description as a police officer encompasse[d] all of the duties he should have been capable of …
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… On appeal from the New Jersey Civil Service Commission, Docket No. 2021-0988. Agre & St. John, attorneys … General, attorney for respondent New Jersey Civil Service Commission (Brian D. Ragunan, Deputy Attorney General, on … of what constitutes conduct unbecoming a public employee is primarily a question of law." Karins v. Atl. City, 152 N.J. …
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… Any person who knowingly causes or facilitates an escape commits an offense. The indictment alleges that: … (Read … under charge or conviction of a crime or offense)(persons committed pursuant to chapter 4 of this Title), (persons … or maintaining detention, or lack of jurisdiction of the committing or detaining authority, is not a defense when the …
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… that defendant was negligent because he/she did not comply with the standard of care that the law imposes upon … the standard architectural practice, in the same or similar communities, at the time the architect was performing … ability possess and exercise, in the same or similar communities, at the time the architect performs his/her …