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… RECORD IMPOUNDED SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0528-20 STATE OF NEW JERSEY, … time bar should be relaxed in his case because he could not have "visualized" the sentencing consequences imposed for … seven years and two months. 4 A-0528-20 proceeding would have been different. 466 U.S. 668, 685-86 (1984). Defendant …
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… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-3678-18 STATE OF NEW JERSEY, … AND THE ULTIMATE CONSENT SEARCH OF THE VEHICLE WOULD NOT HAVE OCCURRED BUT FOR THE INITIAL UNLAWFUL SEARCH AND WAS … to notes sent by the deliberating jury, we find they have insufficient merit to warrant further discussion in a …
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… RECORD IMPOUNDED SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2300-20 STATE OF NEW JERSEY, … unprofessional errors, the result of the proceeding would have been different. A reasonable probability is a … to defendant's conviction, the constitutional right will have been violated." Fritz, 105 N.J. at 58. Pertinent here, …
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… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2891-20 STATE OF NEW JERSEY, … that the factual predicate for the relief sought could not have been discovered earlier through the exercise of … time limit for first PCR petitions, "the court does not have the authority to review the merits of the claim"). …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION … - L. 2009, c. 105 (Oct. 6, 2008). 2 For brevity's sake, we have omitted statutory language from the descriptions of … timely appeal, arguing: (1) summary judgment should not have been entered because discovery was incomplete and there …
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… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-3479-20 STATE OF NEW JERSEY, … counsel's . . . errors, the result of the proceeding would have been different." State v. Fritz, 105 N.J. 42, 52 (1987) … There are a variety of strategic reasons counsel might not have thought it wise to call on defendant to testify. …
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… RECORD IMPOUNDED SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0112-21 STATE OF NEW JERSEY, … that, but for the deficient performance, the result would have been different. The judge found that the trial record … defendant could not demonstrate that the result would have been different if his attorney had raised this argument …
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… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-1666-17T4 LAKESIDE ESTATES CONDOMINIUM … consider the opposition. Consequently, the judge should have reconsidered the soundness of his summary judgment … again applied late charges even though defendant claims to have made timely payments. And in 2016 and 2017, defendant …
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… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-1651-17T3 VIOLET DEAN, … it breached a hypothesized duty to detain the minor who may have caused her fall and the minor's parent so that they … the perspective and day-to-day experience our civil judges have in distinguishing colorable claims from untenable ones. …
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… RECORD IMPOUNDED SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-1544-15T1 C.A., Plaintiff-Respondent/ … well-being. The judge found that "the defendant does not have the ability to agree, communicate, cooperate and … and harmful to the children that the trial judge should have granted her sole legal custody. We review child custody …
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… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2188-16T1 SAMUEL A. MALAT, … L-3418-15. Samuel A. Malat, appellant pro se. Respondents have not filed a brief. PER CURIAM Plaintiff Samuel Malat … going to be a speech from you." He then told plaintiff to have a seat and asked him "You're the landlord in this …
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… RECORD IMPOUNDED SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-1777-16T2 NEW JERSEY DIVISION OF CHILD … denied hitting the child and claimed that the child might have been hit by her live-in boyfriend. She acknowledged, … the mother's own expert testified that the mother did not have a strong bond with the child and was not ready to …
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… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-3861-15T3 DIVINE ALLAH, Appellant, v. … noting that "[a]lternatives to incarceration have failed to deter [appellant's] noncompliant conduct." … AND CAPRICIOUS, WHERE APPELLANT'S DUE PROCESS RIGHTS HAVE BEEN INFRINGED UPON WHEN APPELLANT WAS DENIED A …
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… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-4222-15T2 STATE OF NEW JERSEY, … On appeal from the Superior Court of New Jersey, Law Division, Atlantic County, Municipal Appeal Nos. E12-0757, … presented on appeal, we affirm. The arguments on appeal, have insufficient merit to warrant discussion beyond the …
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… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-5191-14T1 STATE OF NEW JERSEY, … the errors of trial counsel the result of the trial would have been different, and but for the errors of appellate … probability existed that the outcome of the appeal would have been different. Defendant requested an evidentiary …
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… RECORD IMPOUNDED SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-5230-15T3 A.L.I., Plaintiff-Appellant, … – defendant engaged in domestic violence that would have warranted entry of a final restraining order. 5 … members. They are second cousins. And, though they may have occasionally stayed under the same roof on visits to …
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… RECORD IMPOUNDED SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-5108-15T4 NEW JERSEY DIVISION OF CHILD … his son. Therefore, the Division arranged for defendant to have supervised visits with John at the jail. Thereafter, … to play a little bit and celebrate before doing what I have to do to get my kids." Defendant also stated that he …
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… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-1021-15T2 STATE OF NEW JERSEY, … of his CSL, N.J.S.A. 2C:43-6.4(d), for conduct alleged to have occurred in August 2014. In 2015, a grand jury indicted … of his CSL, N.J.S.A. 2C:43-6.4(d), for conduct alleged to have occurred in May 2015. On March 9, 2015, defendant pled …
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… RECORD IMPOUNDED SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2405-15T4 A-2406-15T4 NEW JERSEY … with her. The parents argue that further time should have been provided them with regard to the two younger … were then placed in a resource home. The resource parents have facilitated sibling visitation and are willing to adopt …
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… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-4627-14T2 SHANE HOPKINS, Appellant, v. … a charge which results in a guilty finding, he or she will have 25 percent of the forfeited credits restored at the … a charge which results in a guilty finding, he or she will have 50 percent of the forfeited credits restored at the …