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… 4 A-3688-16T2 on the record in an oral decision and in an accompanying eleven-page written statement of reasons dated … ineffective assistance of counsel, he failed to establish a prima facie claim that warranted an evidentiary hearing … attorney failed to advise him of the parole disqualifier component of his plea and to fully explain its consequences. …
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… County Prosecutor, attorney for respondent (Patrick F. Galdieri, II, Assistant Prosecutor, of counsel and on the … of a CDS with intent to distribute. The State agreed to recommend a five-year prison term with a thirty-month … a.m., defendant's counsel filed a motion, along with an accompanying brief, exhibits, and a certification from …
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… D.M.D., LLC, and dismissing plaintiff's medical malpractice complaint with prejudice. We affirm. We recite the relevant … and procedural history from the record. Plaintiff filed a complaint against defendants alleging medical malpractice in … transfer the case to the Law Division and file an amended complaint, which the trial court granted on August 25, 2016. …
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… found defendant 3 A-2244-17T1 understands the charges, has competent counsel, knows the maximum penalties. He admits to … it was neither knowing nor voluntary. To establish a prima facie claim of ineffective assistance of counsel, a … 6 A-2244-17T1 To establish a prima facie claim of ineffective assistance of counsel, a …
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… District (Regional School District), where she worked as a computer teacher. In 2011, the Regional School District's … the Regional School District established charges of unbecoming conduct, failure to respect students' privacy rights and lack of professionalism. The ALJ recommended petitioner's removal. On January 9, 2012, the …
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… to bring this action. In their answer to the foreclosure complaint, the Boyles asserted that they had been improperly … court resolving the 7 A-3732-15T4 issues based solely upon competing written submissions. Bruno v. Gale, Wentworth & … a dispute for a plenary hearing "[t]o insure a proper accommodation to fairness" and "to resolve the conflicting …
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… are so manifestly unsupported by or inconsistent with the competent, relevant and reasonably credible evidence as to …
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… argument on the petition. In a written opinion that accompanied his order, the judge concluded "[t]he issues of … at 693). To satisfy prong one, [a defendant] ha[s] to "overcome a 'strong presumption' that counsel exercised … an evidentiary hearing "only upon the establishment of a prima facie case in support of post-conviction relief." R. …
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… crime scene to the gas station, she spoke Spanish and he communicated with her entirely in Spanish. During the short … appellate review of his argument that the forms were completed improperly. See Cipala v. Lincoln Tech. Inst., 179 … misidentification." Ibid. The Wade hearing evidence did not come close to satisfying that burden. Contrary to …
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… arbitrator. They interviewed several candidates, and after completing those interviews, the parties selected Mr. … retain him. In February 2009, defendant filed a motion to compel arbitration, appoint a new arbitrator plus an … 2015, the judge denied both motions. On appeal, defendant primarily argues that the judge improperly relied on the …
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… this relief on the ground it had not been served with the complaint in foreclosure. Having reviewed defendant's … April 2014, and requested plaintiff refrain from filing a complaint in foreclosure. In February 2014, defendant … under that agreement and, in July 2014, plaintiff filed a complaint in foreclosure. Plaintiff claims it served …
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… testified she needed an FRO "for my mother so he doesn't come around the house . . . because he does not like my … is going to get hurt. I think you both have probably committed acts of domestic violence towards each other. . . … erred by issuing the FRO without making a finding that he committed a predicate offense, and because plaintiff is not …
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… practitioner who concluded she was unable to work, and recommended that Zippin apply for short term disability (which she never did). Zippin did not communicate with her employer for the next three weeks. Her … at the workplace. Zippin testified she was too disabled to communicate with her employer. She signed for the letter …
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… order granting the summary judgment dismissal of her complaint against defendant, the City of New Brunswick (the … (1995). On August 5, 2012, eleven-year-old Devine Nichols accompanied his older sister to Harvey Park. At around 2:30 … after she saw the boys. The following day, the dead bodies of Devine and his friend were found in the river. The …
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… the issues presented regarding the trial. I. Plaintiff's complaint alleged he purchased the dishonored check in … between plaintiff and FLFS were attached as exhibits to the complaint. The copy of the check attached to the complaint showed it was dated October 19, 2013, drawn on the …
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… wife, plaintiff M. Y. The trial judge found defendant committed the predicate act of harassment, N.J.S.A. 2C:33-4, … plaintiff filed for divorce in March 2016, she also filed a complaint seeking a restraining order against defendant. That complaint alleged defendant harassed plaintiff by repeatedly …
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… to take her in." When the hospital discharged Tracey, it recommended "an after school program for continued therapy and … condition has been impaired or is in imminent danger of becoming impaired as the result of the failure of his parent …
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… (Philip C. Chronakis, on the brief). PER CURIAM In this commercial business dispute, plaintiffs Gigi K Collections, … appeal from a Special Civil Part order dismissing their complaint and entering NOT FOR PUBLICATION WITHOUT THE … omitted). The doctrine of mitigation of damages embodies the principle that a claimant should not be entitled to …
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… attorney in this legal malpractice case, and dismissing the complaint as untimely under the six-year statute of … Plaintiff retained Popper to represent him in a workers' compensation petition and also in a separate civil action … a figure that he apparently accepted on his counsel's recommendation with reluctance after plaintiff had personally …
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… the element of jurisdiction to the jury; (2) the court committed reversible error on the murder count when it … instruction that defendant could be found to be an accomplice; (3) the court should have granted his motion to … understood Spanish; (4) object to the jury instruction on accomplice liability as to count four (murder); (5) challenge …