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… law judge ("ALJ"). Among other things, the DEP Commissioner determined that Des Champs was not entitled to … most recent denial of the DQE. In particular, Des Champs primarily contests the Commissioner's rulings as to its … not make a DQE mutually exclusive with other regulatory remedies such as an NFA. In addition, Des Champs and its expert …
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… The PCR court found that defendant had not presented a prima facie case of ineffective assistance of counsel, and … Thereafter, the court filed an order denying PCR. In an accompanying statement of reasons, the court found that … Id. at 688. The defendant is required to overcome the strong presumption that counsel exercised …
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… later, Silva's body was found by an employee of a paper company who was sorting trash from recyclable papers at a … Silva's body. Photos on the 5 A-3941-15T4 hard drive of a computer in the home showed defendant wearing a yellow … issue in the case; (4) the eligible person has made a prima facie showing that the evidence sought to be tested is …
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… or confinement element of kidnapping. Id. at 13. We commented that whether the trial and appellate counsel were … Be Afforded An Evidentiary Hearing Because He Established A Prima Facie Case Of Counsels' Ineffectiveness. B. Trial … Counsel Failed To Object/Raise The Trial Court's Ex Parte Communications With The Jury; Therefore, Defendant's …
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… expressed an interest in adopting Sarah, but she was not committed to adopting Sydney because of certain behavioral … termination of K.A.H.'s parental rights because she had not complied with any of the services provided to assist her in … parents as her psychological parents, and have become her primary nurturers, the people that [Sarah] looks to for …
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… the brief). PER CURIAM This is a medical malpractice case primarily against two podiatrists (Dr. Mark Biebel, DPM; and … is an Israeli self-defense form focusing on hand-to-hand combat and physical endurance. See … referred plaintiff to a physiatrist for nerve conduction studies, which showed Dr. Biebel that plaintiff had no nerve …
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… POINT I: THE COURT ERRED BY PERMITTING THE EXTENSIVE FRESH COMPLAINT TESTIMONY FROM THREE WITNESSES. A. FRESH COMPLAINT TESTIMONY WAS INAPPROPRIATE BECAUSE THERE WERE NO ALLEGATIONS OF RECENT FABRICATION. B. N.H.'S COMPLAINT WAS TOO REMOTE IN TIME TO SATISFY THE FRESH …
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… was watching the struggle from her hiding spot under the computer area of the bakery. She pressed a silent alarm … of their investigation, police eventually reached out to Eddie Bell, who was the father of Baker's child. Police … FOR AN EVIDENTIARY HEARING BECAUSE DEFENDANT ESTABLISHED A PRIMA FACIE CASE OF COUNSELS' INEFFECTIVENESS. A. COUNSEL …
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… trial.1 A jury convicted him of second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2 and 15-1(a)(2) (count one); … (count five); and second-degree employing a juvenile to commit a criminal offense, N.J.S.A. 2C:24-9 (count six). … "The co-conspirator exception to the hearsay rule, embodied in N.J.R.E. 803(b)(5), provides that statements made …
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… to meet his customers at locations he designated to complete the transactions. The CI said the individual stored … product a person would have, and lactose and mannitol are common cutting agents. Reimer further testified a gram of a … amount as pure cocaine. Reimer also opined that the most common form of payment in narcotics sales is cash and that …
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… POINT III THE [JUDGE'S] DECISION WAS IMPROPERLY AND PRIMARILY PREMISED UPON HYPOTHETICAL AND SPECULATIVE … the expiration of that agreement, the County and PBA 299 commenced negotiations for a new CBA for the period between … negotiations and the MOA, and that PBA 299's purported outcome would not be feasible from a financial 2 The salary …
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… February 19, 2021, dismissing its first and second amended complaints for failure to state a claim for which relief can … and the allegations in plaintiff's first and second amended complaints, treating those allegations as true and extending … that he witnessed this will. In 2006, Delaney was not the primary executor of the 2003 will, nor was he a beneficiary …
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… of a patient. It also charged her with conduct unbecoming a public employee, N.J.A.C. 4A:2-2.3(a)(6), and other … constitutes mistreatment of a patient and conduct unbecoming a public employee. Greystone sought to remove … OF PLAINTIFF'S CAUSE OF ACTION. A. Plaintiff Established a Prima Facie Case of Wrongful Termination Based Upon Her …
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… defendant and his sister.2 Soon after she filed her divorce complaint, plaintiff relocated to India, purportedly to care … counsel wrote to the trial court and requested that an upcoming proceeding be adjourned due to plaintiff's counsel's … to add that a "trial court has an array of available remedies to enforce compliance with a court rule or one of its …
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… two Ferraris to a function at the Meadowlands Sports Complex when defendant's red Ferrari crossed the … witness in defendant's trial, in exchange for the State's recommendation that he be sentenced in the third-degree to a … to cross the double-yellow lines and enter the lane of oncoming traffic, where he collided with [the motorcyclist], …
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… defendant stated, "You need a search warrant. You can't come in here. And I wanna lawyer." Sgt. Nerney provided the … responded by telling the officer he needed a warrant to come into his bedroom. At that point, the officer placed … on his sneakers. The officers then brought defendant to the common area of the apartment, where they searched him and …
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… to travel to his residence at 217 East 22nd Avenue to complete the transaction. At a pre-determined meet location, … five or six rifles and shotguns at 217 East 22nd Avenue; he committed a home invasion in another town; he had proceeds … As we explained in Sheehan, "[t]he 'essential ingredient' regarding the specificity requirement for search …
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… the April 12, 2019 summary judgment order dismissing their complaint with prejudice. We review the order de novo, … I. In May 2016, plaintiffs Fox and Campana filed a complaint in the Law Division against defendants DGMB … 11 A-3947-18T2 [N.J.S.A. 34:19-3.] To establish a prima facie case of retaliation under CEPA, a plaintiff must …
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… & Johnson and Ethicon, Inc. (Ethicon), dismissing the complaint on statute of limitations grounds, and denying plaintiffs' cross-motion to extend discovery and compel the deposition of a Johnson & Johnson corporate … proceedings. I. On February 28, 2014, plaintiffs filed a complaint against defendants alleging that more than three …
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… of law and was on probation for those offenses when he committed the murder. The court found the following aggravating factors: (a) the murder was committed in a "particularly cruel and depraved" manner, … to Miller, the constitutional infirmity could be remedied by a resentencing or consideration for parole. 577 U.S. …