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… a weapon for an unlawful purpose, N.J.S.A. 2C:39-4. Trial commenced on June 25, 2019, and the jury 3 A-0983-22 … issues on appeal. Point One: DEFENDANT DEMONSTRATED PRIMA FACIE CLAIMS FOR [PCR] WHICH ENTITLED HIM TO AN … capacity to form the mental state necessary for the commission of the crime. Nothing in the medical records from …
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… with the trial court that defendant failed to demonstrate a prima facie case of ineffective assistance of counsel … a guilty plea to all three counts in exchange for a recommendation of a maximum six-year prison term with an 85% … term subject to NERA. On counts two and three, the State recommended a concurrent eighteen-month flat prison term. …
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… The victim made an attempt to fight back, but defendant's accomplice struck the victim and defendant hit him several … FOR AN EVIDENTIARY HEARING BECAUSE DEFENDANT ESTABLISHED A PRIMA FACIE CASE OF DEFENSE COUNSEL'S INEFFECTIVENESS FOR … on the merits only if the defendant has presented a prima facie claim of ineffective assistance, material issues …
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… Jersey Department of Corrections (Department) finding he committed prohibited act *002, assault of any person, in … Curry's mental state at the time of the incident, his competency to 1 Because Martin and Manuel share a common surname, we use their first names to distinguish …
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… offenses in 2014 and 2016 indictments for crimes allegedly committed on January 4, 2014, and September 15, 2015, … the judge denied the motion in a May 3, 2023, order and accompanying written decision. This appeal followed. On … is subsequently sentenced to another term for an offense committed prior to the former sentence, other than an …
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… interrogation; (3) a motion to determine defendant's competency to stand trial and assist in his 1 The State … she was three years old; (5) defendant's pro se motion to compel the Public Defender's Office to remove the Assistant … 105 N.J. 42 (1987), and found defendant did not establish a prima facie case for relief. Defendant now appeals, raising …
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… failed to cure the default, U.S. Bank filed a foreclosure complaint on June 12, 2012, resulting in the entry of … Fenner cross-moved for summary judgment dismissal of the complaint. On 3 A-3732-16T4 September 20, 2013, after oral … of the note and mortgage, a mortgagee has established a prima facie right to foreclose. Thorpe v. Floremoore Corp., …
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… finding him guilty of prohibited act *.259, failure to comply with an order to submit a specimen for prohibited … of administrative segregation, ninety-five days loss of commutation time, ten days loss of recreation privileges, … of administrative segregation and up to 365 days loss of commutation time); N.J.A.C. 10A:4-5.1(o) (termination of …
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… hearing. Because we find defendant has not demonstrated a prima facie showing of ineffective counsel, we affirm. After … also listed defendant as unemployed without any assets or income. Defendant has not demonstrated that he provided any …
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… insurance information, and he stood there laughing like Eddie Haskell, like I never saw anything like it before in my life." Defendant asked that a police supervisor come to the scene, and defendant later went to the police station to file a complaint against Officer Stewart. However, defendant never …
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… River rental property. When Saban failed to respond to her complaint, default was entered and, later, Barach … efforts to collect on the default judgment, Barach filed a complaint in the Chancery Division. She alleged that Saban … affirm the orders under review. The Law Division action was commenced in May 2014. When Saban failed to respond to the …
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… Plaintiff-Respondent, v. LIBERTY MUTUAL FIRE INSURANCE COMPANY, Defendant-Appellant. ___________________________ … Union County, Docket No. DC-008662-16. Law Offices of Viscomi & Lyons, attorney for appellant (Emily S. Barnett, on … 2018 2 A-4231-16T3 Defendant Liberty Mutual Fire Insurance Company (Liberty) appeals from an order of the Special Civil …
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… to an evidentiary hearing because he had not shown a prima facie case of ineffective assistance of counsel. The … under Strickland and Fritz. Defendant has not shown a prima facie claim under the Strickland/Fritz test. … offer to 7 A-3249-16T1 plead guilty in exchange for a recommended sentence of seventeen years on both Counts One and …
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… his window, police officers detected the odor of marijuana coming from his vehicle. When questioned about the odor, … marijuana in his car, suggesting that the smell might have come from a dog that was in the car earlier or from a … defendant's appeal, Judge Dennis V. Nieves issued a comprehensive written decision on March 30, 2015. He …
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… and denied her cross-motion to dismiss the foreclosure complaint. We affirm both orders. In September 2006, Hani Y. … loan defaulted in June 2012. Plaintiff filed a foreclosure complaint, and because defendant's answer included a … made by a duly authorized officer is regarded as prima facie evidence that the person therein named executed …
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… and equitable distribution. After averaging the parties' incomes from the six years preceding the divorce action, the … was just over $133,000 per year. Using those imputed incomes, the court ordered defendant to pay limited duration … custody, with plaintiff being designated as the parent of primary residential custody. Applying the child support …
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SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-4112-15T1 PATRICIA SANTANGELO, Petitioner-Appellant, v. BOARD OF TRUSTEES, TEACHERS' PENSION AND ANNUITY FUND, Respondent-Respondent. ________________________________ Submitted February 13, 2018 …
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… to adult litigants and a pseudonym to refer to a child to comply with Rule 1:38-3(d)(12). NOT FOR PUBLICATION WITHOUT … was initially named as a defendant in the guardianship complaint. While represented by independent counsel, D.S. … at trial, we incorporate by reference Judge Forrest's comprehensive recitation of this evidence as described on …
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… New Jersey. Prior to that date, police received numerous complaints about open-air drug dealing in that area. Ruark … RECEIVING A SENTENCE SIGNIFICANTLY GREATER THAN THAT EMBODIED IN THE PLEA OFFER. "Post-conviction relief is New … hearing depends on the defendant's "establishment of a prima facie case in support of post-conviction relief . . . …
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… 2C:35-10(a)(1), with the State agreeing in turn to recommend a probationary sentence. At defendant's plea hearing … court in May 2016. In essence, her application had two components. First, she asserted her former counsel was … would have been fruitful. Nor has defendant presented a prima facie claim of ineffectiveness relating to her former …