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… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-3009-17T3 STATE OF NEW JERSEY, … 243 (2007) (internal quotations omitted). Even if we may have reached a different conclusion, we give deference to … by his opportunity to hear and see the witnesses and to have the 'feel' of the case." Id. at 244; see also State v. …
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… RECORD IMPOUNDED SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2430-15T3 STATE OF NEW JERSEY, … raised is barred from PCR consideration if it could have been addressed on direct appeal. The rule allows for … manifestations of, sexual abuse, they would likely not have affected the outcome. The strength of B.P. and A.P.'s …
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… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0384-15T1 STATE OF NEW JERSEY, … was not deficient, as a motion to suppress would have undoubtedly failed. Apart from emphasizing the child's age and speculating that the child might have been influenced by the parents, defendant fails to show …
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… RECORD IMPOUNDED SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0239-16T4 A-0242-16T4 NEW JERSEY … Katz's opinions in terminating his parental rights. Parents have a constitutionally protected right to the care, custody … (1999). "The rights to conceive and to raise one's children have been deemed 'essential,' 'basic civil rights . . .,' …
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… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-4942-15T3 OAK KNOLL VILLAGE CONDOMINIUM … defendant claims the trial judge was biased and should have disqualified himself from hearing the matter. Under our … 3.17(B)(1) ("Judges shall disqualify themselves if they have a personal bias or prejudice toward a party or a …
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… RECORD IMPOUNDED SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0676-15T2 STATE OF NEW JERSEY, … unprofessional errors, the result of the proceeding would have been different." Strickland, supra, 466 U.S. at 687, … 7 A-0676-15T2 to explain how the outcome of the case would have been any different had he testified. As the PCR judge …
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… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-4181-14T4 EUGENE BELTON, Appellant, v. … on probation and parole as well as his prior incarcerations have failed to deter his criminal behavior; his prior opportunities on probation and parole have been violated in the past; his numerous, serious in …
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… RECORD IMPOUNDED SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-3401-15T4 NEW JERSEY DIVISION OF CHILD … the proceedings. Apparently, assigned counsel also did not have contact with Ray. At the termination hearing, defendant … is a reasonable probability that the trial outcome would have been different but for counsel's deficient performance. …
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… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-3631-15T3 ALAN GRECO, … agreement, thus the complaint as to them should not have been dismissed. Lastly, plaintiff argues the trial … reasons, we are left to conjecture as to what the judge may have had in mind." Salch v. Salch, 240 N.J. Super. 441, 443 …
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… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-3630-14T2 STATE OF NEW JERSEY, … to ask [defendant]. [. . . .] You understand that you do have the right to testify, sir? DEFENDANT: Yes. THE COURT: … uncorroborated, bare boned assertion that the jury would have ruled differently if he testified." This amounts to an …
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… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-5240-15T2 LAMONT D. STEPHENS, … 415-16 (App. Div. 2010). A-5240-15T2 5 However, "[c]ourts have consistently rejected requests for modification based … v. Bonanno, 4 N.J. 268, 275 (1950)). Current earnings have never been viewed as "the sole criterion [upon which] …
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… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0045-19 ALYSSE GERBINO and DECKERT … on either side of this disputed land and claim they have acquired title to it by adverse possession. At some … counsel made clear, "the only relief we're seeking is to have certain signs removed on the subject property." In …
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… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-1930-19 JULIO PINA-CATENA, Appellant, v. … (1) Sony Walkman; (2) LED book light; (3) glasses; (4) shave and trim kit; (5) comb kit; (6) surge protector; (7) … of the cause of the alleged loss of the property." We have considered Pina-Catena's contentions in view of the …
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… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-3824-18T3 SYLVIA HAGANS, … and that plaintiff "decided to pursue" that which would have Farmer "substitute in as counsel for Mr. Nickerson, and … than the theory pleaded in the complaint that Farmer should have moved to amend the complaint against ARC by expanding …
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… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-3387-18T2 GOVERNOR'S POINTE VILLAGE II … the Condominium Act provides: The association shall have a lien on each unit for any unpaid assessment duly made … matter, which commenced almost four years ago, would have been more appropriately made in the context of that …
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… RECORD IMPOUNDED SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-5646-18T4 K.J.B., Plaintiff-Respondent, … about the dates of the communications alleged would not have unfairly sandbagged defendant if, at the hearing, she … we only held that that is what the defendant was found to have done there. In many cases, the mere sending of a nude …
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… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-1808-18T4 NOOR MOODNEY, … He argued: 1) the winning applicant should not have received an administrative score because he or she had … Moodney's argument that the winning bidder should not have been awarded a score stating "[n]othing in [N.J.A.C. …
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… RECORD IMPOUNDED SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-1720-18T2 NEW JERSEY DIVISION OF CHILD … removed Judy from Karen's care when Judy was observed to have a bruise under her eye and Karen refused to promptly … violated the safety protection plan by allowing Vincent to have unsupervised contact with Judy and she stipulated to a …
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… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-3078-19 STATE OF NEW JERSEY, … his escalating, serial, antisocial acts, and that he would have rejected both claims had plea counsel argued them. The … comparable to theirs. Because none of those arguments would have aided defendant in the trial court, the judge found …
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… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-3324-19 YOEL GRUEN, Plaintiff-Appellant, … prejudice [d]efendant's request to declare a default and have the matter proceed by way of default trial. However, … is only the correction of errors which a court below may have committed, and a court below cannot be said to have …