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… on the merits only if the defendant has presented a prima facie claim of ineffective assistance, material issues … of discretion. Preciose, 129 N.J. at 462. To establish a prima facie claim of ineffective assistance of counsel, the … is based on the factual predicate that the defendant committed the 8 A-1803-20 offense but did not possess the …
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… the court reasoned defendant had failed to make a prima-facie claim of ineffective assistance of counsel. In … did render defendant deportable, regardless of the outcome of the present matter. Regarding defendant's right to … or omissions fall "outside the wide range of professionally competent assistance" given the circumstances of the …
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… the criteria for PUA benefits. I. Appellant is the primary caretaker of her husband, J.H., who suffers from … contractor for Quiktrak, Inc., an asset verification company. Her job responsibilities required her to physically … disease and lung nodules," he was at an "increased risk for complications" if he contracted COVID-19, and appellant's …
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… violated N.J.A.C. 10A:4-4.1(a)(4)(viii) (.709), failure to comply with a written rule or regulation of the correctional … the charge was amended to prohibited act .709, failure to comply with a written rule or regulation of the correctional … days loss of recreation time, and thirty days loss of commutation time. Dixon filed an administrative appeal in …
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… in Camden County. Since that time, S.K. has lived compliantly as a Megan's Law registrant in Burlington … the other materials, which included a juvenile delinquency complaint and various pre-disposition reports. Relying on … over 125 federally recognized Indian Tribes are varied and complex. Each local system makes its own determinations …
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… granting defendant Carvana, LLC's motion to dismiss the complaint and compel arbitration of plaintiff's NOT FOR PUBLICATION … must be resolved by the arbitrator." Id. at 208-09 (citing Prima Paint Corp. v. Flood & Conklin Mfg. Co., 388 U.S. 395, …
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… denied her request that the trial court take measures to compel defendant to comply with the provisions of the … As set forth in the FJOD, plaintiff is the parent of primary residence, and defendant has parenting time on … that a court in a family action may grant additional remedies to a party as provided by Rule 5:3-7. The remedies …
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… Three other officers were already there and four more were coming behind him." Appellant described what followed: At … to 1 After the incident, appellant told an officer who was completing an accident investigation report that "[i]n the process of applying his [handcuffs] on the combative inmate, [appellant] planted his right knee on the …
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… of intention to foreclose the mortgage. Plaintiff filed its complaint two months later, alleging, among other things, … to what was raised on summary judgment," and had "really become subject to res judicata and collateral estoppel." … 34 [(App. Div. 1952)], the plaintiff has established a prima facie case to foreclose. There has been execution, …
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… items were introduced into evidence by either party. At the commencement of the hearing, defendant stipulated that he … monitoring, observing, surveilling, threatening, or communicating to or about, a person, or interfering with a person's property; repeatedly committing harassment against a person; or repeatedly …
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… out of a residential real estate transaction. In their 2019 complaint, plaintiffs Dennis Gentile and Diane Gentile … and the property had other environmental issues. In their complaint, plaintiffs asserted causes of action against … 2017, after the new septic system was installed, plaintiffs completed their purchase from White and closed title on the …
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… a condition of defendant's probationary sentence, which was completed in 2016, we reverse and remand for issuance of an … municipalities. Defendant also was charged in a two-count complaint-warrant with contempt for violating a court order, … 3 A-2838-22 psychiatric evaluation and treatment as recommended. . . . " The court dismissed the offenses charged …
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… written, personal, electronic, or other form of contact or communication with [L.I.]," from "making or causing anyone else to make any harassing communications to [L.I.]," or from "stalking, following, or … trial. Defendant now appeals contending the trial judge committed a series of errors by finding the amended April …
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… negligence. We affirm. I. Plaintiff is a limited liability company whose sole members are Pradeep Chetal and Seema … 302 in Harrison Bridge Plaza, a four-story condominium with commercial units on the first floor and residential units on … v. Zagami, LLC, 218 N.J. 202, 209 (2014). To establish a prima facie case of negligence, a plaintiff must establish …
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… argued the cause for respondent (Law Office of Frank A. Viscomi, attorneys; Mario C. Colitti on the brief). The opinion … into evidence. She also argues the trial court's error was compounded by defendant Carole L. Venetianer's use of … 2018 and June 2019. Plaintiff sued defendant, and trial commenced on June 1, 2022. The witnesses who testified at …
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… motion record in this appeal. In October 2013, AA filed a complaint for debt collection against Toft. Toft was served with the complaint but never filed an answer or other responsive … June . . . 2020 . . . order[] dismissing [her] class action complaint[] as barred by the entire controversy doctrine." …
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… is limited. Allstars Auto Grp., Inc. v. N.J. Motor Vehicle Comm'n, 234 N.J. 150, 157 (2018) (citing Russo v. Bd. of … its conclusion." In re State & Sch. Emps.' Health Benefits Comm'ns' Implementation of Yucht, 233 N.J. 267, 280 (2018) …
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… Portfolio Recovery Associates, LLC, who in turn filed a complaint against defendant to collect it. Defendant failed … had violated federal law,2 the trial court stated: The compelling factor in that case was the [LVNV] court's … added.] Defendant appeals, contending the trial court committed two errors of law. First, the court erred by …
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… is the same judge who entered the order or has available a complete record of the hearing or hearings on which the … the person who 4 N.J.S.A. 2C:25-17 to -33. 6 A-1294-23 committed the act of domestic violence," an FRO may be … vacate an FRO, defendant has the burden of establishing a prima facie showing of good cause, predicated on a …
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… 1 "An 'open plea' [is] one that d[oes] not include a recommendation from the State, nor a prior indication from the … [himself] and plea counsel." 4 A-2526-21 "would never come to court to testify" against him. Defendant asserted … State v. Mitchell, 126 N.J. 565, 579 (1992). To establish a prima facie claim of ineffective assistance of counsel, the …