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… Plaintiff-Respondent, v. ANTHONY K. COLE, a/k/a ANTHONY K. DAVIS-COLE, Defendant-Appellant. … N.J.S.A. 2C:29-3(b) states in pertinent part: (b) A person commits an offense if, with purpose to hinder his own … factor three applied, the risk the defendant will commit another offense. See N.J.S.A. 2C:44-1(a)(3). The …
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… OF NEW JERSEY, Plaintiff-Respondent, v. MINA GIRGIS, Defendant-Appellant. _______________________________________ … not be amended because N.J.S.A. 39:5-3(b) requires that a complaint for refusing to provide breath samples be made … 2011), was misplaced. In that case, the defendant held a commercial driver's license (CDL) and he was driving a …
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… Fasciale and Moynihan. On appeal from the Civil Service Commission, Docket No. 2015-2471. Steven J. Kaflowitz argued … appeals from a final agency decision by the Civil Service Commission (CSC) upholding an administrative law judge's … Corbo and reverse the CSC's decision. We apply the standard of review recently announced in In re Hendrickson, 451 …
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… NEW JERSEY, Plaintiff-Respondent, v. FRANKLIN PRATHER, Defendant-Appellant. _________________________________ Argued … probability" that the deficient performance affected the outcome. Fritz, 105 N.J. at 58. "A reasonable probability is a … sufficient to 8 A-3631-14T3 undermine confidence in the outcome." State v. Pierre, 223 N.J. 560, 583 (2015) (quoting …
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… v. FRANK MENDEZ and KATHIE MENDEZ, Defendants-Appellants, and 593 AVENUE E CONDOMINIUM ASSOCIATION, FORD MOTOR CREDIT COMPANY, OLYMPIA INTERNATIONAL, INC., F.A. SAAVEDRA, M.D., … counsel and litigants should not be taken up by such a futile proceeding." Guillaume, 209 N.J. at 469 (quoting …
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… v. VINCENT LABEGA, a/k/a VINCENT K. LABEGA, Defendant-Appellant. Submitted January 9, 2018 – Decided Before … that through his training and experience he learned it was common for individuals who distribute 4 A-1747-15T3 … testify. Harris explained that when he first received the complaint about drug activity in the Sewaren section of …
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… NO. A-0326-16T3 O.A., Plaintiff-Appellant, v. J.V., Defendant-Respondent. _____________________________ Argued … TO CONSIDER PLAINTIFF’S AMENDMENT TO THE DOMESTIC VIOLENCE COMPLAINT. C. THE TRIAL COURT HAD A SEPARATE OBLIGATION TO … restraining order is required to protect the plaintiff from future acts or threats of violence. Id. at 126. The latter …
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… Plaintiff-Respondent, v. RODOLFO GODINEZ, a/k/a RODOLFO GODIEZ and RODOLFO GOMEZ, Defendant-Appellant. Submitted November 28, 2017 – Decided Before … gang and that, at his direction, he and five co-defendants committed the robberies, assaults, murders, and attempted …
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… f/k/a WEISS, Plaintiff-Respondent, v. ERIC WEISS, Defendant-Appellant. _____________________________ Argued October … barred the parties and their counsel from having ex parte communications "with the adverse parties or their attorneys … her counsel and her representatives . . . from communicating in any way with the adverse parties in the …
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… NEW JERSEY, Plaintiff-Respondent, v. ALSAMIR T. BROWN, Defendant-Appellant. ____________________________ Submitted May … Gialanella 2 Weber testified that from the rear passenger compartment of the car where he was seated, his view was … witness'] direct ken . . . and as to which the jury is as competent as [the witness] to form a conclusion[.]'" Id. at …
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… representative and attorney–in-fact.1 On August 6, 2015, Future Care Consultants (Future Care), on behalf of E.T., … bank accounts that required verification. By notice dated September 3, 2015, HCBSS requested the additional … with the authority granted by N.J.S.A. 30:4D-7 to the Commissioner of the Department of Human Services. The …
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… v. BRYON O. WRIGHT, a/k/a OMAR WRIGHT, ROGER WRIGHT, Defendant-Appellant. ___________________________________ … but not the motion judge, considered oral argument. In a comprehensive written decision, the judge addressed these … at 693). "To satisfy prong one, [a defendant] ha[s] to overcome a strong presumption that counsel exercised reasonable …
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… APPELLATE DIVISION DOCKET NO. A-3392-15T1 THOMAS VAN ARTSDALEN, Petitioner-Respondent, v. FRED M. SCHIAVONE … of Labor and Workforce Development, Division of Workers' Compensation, Claim Petition No. 2013-24264. Law Offices of … time [Van Artsdalen] was out of work and the diagnostic studies." Although the judge determined that Gaffney was more …
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… AND PERMANENCY, Plaintiff-Respondent, v. B.R., Defendant-Appellant, and M.H., Defendant. … are "so manifestly unsupported by or inconsistent with the competent, relevant and reasonably credible evidence as to … for the reasons that the judge expressed in his comprehensive and well-reasoned opinion. We add the …
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… FAIRFIELD GARDEN CENTER and FERNICOLA PROPERTIES, LLC, Defendants-Respondents. ___________________________________ … judgment dismissal of her personal injury negligence complaint against defendants Fairfield Garden Center … reconstruction expert, plaintiff produced several studies showing that obstructions placed in mandatory "clear …
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… AND PERMANENCY, Plaintiff-Respondent, v. K.B.,1 Defendant-Appellant, and P.G., Defendant. … The 3 A-3767-15T2 14, 2014, the Division filed a Verified Complaint and Order to Show Cause (OTSC) in the Family Part … her custody placed the child's life in imminent danger and compromised her health and safety. The court awarded the …
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… LLC, and MONTCLAIR KENSINGTON URBAN RENEWAL, LLC, Defendants-Appellants. … Grabowsky, a Montclair taxpayer and owner of numerous commercial properties in Montclair, successfully challenged … we need not repeat them at length here. Plaintiff filed a complaint in lieu of prerogative writs against the Township, …
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… OF NEW JERSEY, Plaintiff-Respondent, v. JOHN HELLER, Defendant-Appellant. … for a new trial on the grounds that defendant was incompetent to stand trial and had been denied the effective … because his trial attorney had failed to recognize his incompetence, investigate his mental illness, and assert …
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… the error. 3 A-5204-15T4 the remaining counts and a recommended aggregate ten-year prison term, subject to the No … and does not increase the punishment, nor change the ingredients of the offen[s]e or the ultimate facts necessary to … . . these provisions are designed to protect a victim from future infliction of violence. The Act does not pit the …
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… v. XZAVIER D. HAYES a/k/a DWAYNE HAYES, Defendant-Appellant. _______________________________ Submitted … officers "a sufficient basis to believe a crime had been committed," according to the motion judge, who concluded the … TO SHARING. (NOT RAISED BELOW) POINT III. THE TRIAL COURT COMMITTED REVERSIBLE ERROR IN DENYING DEFENSE'S REYES MOTION …