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A-66-24 Supplemental Respondent Brief
Briefs
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… from a Final Judgment of the Superior Court, Appellate Division Docket No. A-2319-22 Sat Below: Hon. Patrick … 2 MVRS installation mandate was unfunded and ceased to have effect. But the Council did not stop there. On its own … without also providing funding. Policymakers at all levels have strived to control these mandates. See, e.g., Edward A. …
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… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2808-23 STATE OF NEW JERSEY, … 2C:39-5(b)(1); and second- degree certain person not to have a weapon because of a prior conviction, N.J.S.A. … in his trial counsel's performance. Defendant sought to have his convictions vacated or, in the alternative, …
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… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-4058-23 STATE OF NEW JERSEY, … unprofessional errors, the result of the proceeding would have been different.'" State v. Alvarez, 473 N.J. Super. … must be reversed if both prongs of the Strickland standard have been satisfied because, in such cases, 'the ineffective …
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… RECORD IMPOUNDED SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-1960-24 Y.D.L.S.,1 Plaintiff-Respondent, … effect on claims made by bona fide victims who might have the ability to pay." Wine, 379 N.J. Super. at 293. … is taken." R. 2:5-3(b). Defendant's appendix also should have included complete copies of plaintiff's domestic …
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… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0334-24 ODERI CALDWELL, Appellant, v. … 10A:4-9.2 and N.J.A.C. 10A:4-9.5(a). He claims he should have been permitted to raise the affirmative defense of … charges against him and the resultant punishment he would have faced. II. Our role in reviewing a prison disciplinary …
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… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2081-23 ZAKEE MARTIN, Appellant, v. NEW … a twelve-month future eligibility term (FET). We have carefully reviewed the record in view of the governing … a refill at the pharmacy; however, the pharmacy did not have the medication. The prescription was not refilled, and …
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… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-1558-23 STATE OF NEW JERSEY, … BARS MUST BE LIFTED TO DETERMINE WHETHER HIS CLAIMS HAVE MERIT IN SHOWING THAT A SERIOUS, PERVASIVE DEFECT … sought was discovered, if that factual predicate could not have been discovered earlier through the exercise of …
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… RECORD IMPOUNDED SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0302-24 A.L.S., Plaintiff-Respondent, v. … behavior." However, the court then stated, "[i]t doesn't have to be in my judgment . . . with the purpose to alarm or … aware of this and[] . . . it's something that she shouldn't have to endure." Having found plaintiff satisfied both …
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… RECORD IMPOUNDED SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0027-23 STATE OF NEW JERSEY, … was no reasonable likelihood that a guilty plea would have been accepted. Consequently, the judge rejected … TERMS OF A FAVORABLE PLEA OFFER, AND DEFENDANT WOULD NOT HAVE PROCEEDED TO TRIAL BUT FOR THE ERROR OF COUNSEL. Having …
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… RECORD IMPOUNDED SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2095-22 T.S., Plaintiff-Respondent, v. … holding a plenary hearing; and (2) the trial judge should have sua sponte recused herself . An FRO "can be modified or … was limited to proceeding in one of two ways: 1) it could have found defendant failed to make a prima facie case of …
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… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0393-22 LEWTON BILLS and JENELE JONES, … prior to the discovery date. [R. 4:17-7.] Trial courts have broad discretion with regard to discovery issues and … had no obligation to produce said email, and he should not have been barred from using it at trial to show Bills was no …
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… RECORD IMPOUNDED SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-3634-21 JOHN DOE, Plaintiff-Appellant, … alleged abuse of plaintiff. Thus, New Jersey does not have personal jurisdiction over the Archdiocese related to … Island, New Jersey. Plaintiff explained that he would not have gone to New Jersey alone with Schmeer if his parents …
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… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-4032-21 UNIFUND CCR PARTNERS, … do not dispute that defendant and his wife, Margaret,1 have been married since 1983 and jointly own a TD Bank … of either spouse, the surviving spouse shall be deemed to have owned the whole of all rights under the original …
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… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-3183-21 STATE OF NEW JERSEY, … (count five); second-degree certain persons not to have a weapon, contrary to N.J.S.A. 2C:39-7(b)(1) (count … "a reasonable probability" the defendant "would not have pled guilty," but for counsel's errors. State v. …
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… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2811-21 U.S. BANK TRUST NATIONAL … of the motion record establishing the fact. Lastly, we have held a certification will support the grant of summary … debtor's last known address . . . . The notice is deemed to have been effectuated on the date the notice is delivered in …
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… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0991-21 STATE OF NEW JERSEY, … was not. We also concluded that defendant's reluctance to have standby counsel aid in his defense at trial did not … assistant prosecutor notified defendant the HCPO did not have records responsive to his request. Defendant then filed …
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… RECORD IMPOUNDED SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-1294-23 J.M.S-M.,1 Plaintiff-Respondent, … stated, "it's too long, Your Honor. I don't think you'll have time to do 4 A-1294-23 that." Counsel then proceeded to … addressed to dismissal of a [FRO] should be whether there have been substantial changed circumstances since its entry …
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… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-1237-23 STATE OF NEW JERSEY, … evidence 6 A-1237-23 relating to dismissed counts, should have resentenced him and imposed a lesser sentence after the … CONSECUTIVE SENTENCES; AS SUCH, DEFENDANT IS ENTITLED TO HAVE THE CONSECUTIVE SENTENCE VACATED AND RESENTENCED IN …
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… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-3591-22 STATE OF NEW JERSEY, … plea" and "but for Mr. Dunn in this case . . . this gun may have never found its way to where ultimately it was involved … of judgment" and "lack of impulse control that juveniles have", as noted in Miller and Zuber. Trial counsel also …
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… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0281-22 STATE OF NEW JERSEY, … was defendant's claim that one of his prior counsel should have moved to reinstate his direct appeal to consider his … the opportunity to raise many different arguments and to have all those arguments thoroughly considered. That …