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… appellant had not met his burden of presenting sufficient competent and credible evidence to establish that his injury … 80, 99 (App. Div. 2015) (quoting In re Election L. Enf't Comm'n Advisory Op. No. 01-2008, 201 N.J. 254, 262 (2010)). … not the result of pre-existing disease alone or in combination with the work, has occurred and directly …
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… second-degree possession 3 A-2481-20 of a firearm while committing a controlled dangerous substance ("CDS") crime, … PTI application, claiming because of two extraordinary and compelling reasons he should be admitted into PTI. First, defendant claimed he was a primary care giver to his young disabled son. Second, …
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… SERVICES, and ATLANTIC COUNTY DEPARTMENT OF FAMILY AND COMMUNITY DEVELOPMENT, Respondent-Respondents. … attorney for Atlantic County Department of Family and Community Development, join in the brief of respondent … agency (CWA)—the Atlantic County Department of Family and Community Development. The New Jersey Department of Human …
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… ROBERT GOWOREK'S FIREARMS PURCHASER IDENTIFICATION CARD AND COMPELLING THE SALE OF HIS FIREARMS. … purchase permits, and granting the State's motion to compel the sale of the firearms he already owned. Goworek … seeking to revoke Goworek's existing FPIC and to compel the sale of his existing firearms. After the January …
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… plaintiff Fidelity Asset Management LLC established it complied with all the steps necessary to enter the final … on October 16, 2018, when she perished, along with her companion, in a fire that destroyed the dwelling. Because … the redemption procedure are subject to court supervision, primarily to protect property owners from exploitation by …
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… the area on which he was operating the forklift was made of compacted gravel. He testified that AMR employees use that … forklift "dipped." Plaintiff descried the loading area as composed of dirt and hard stone. Plaintiff did not know why … he had seen that occur on other instances. He stated he complained to Marley "on several occasions" about the …
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… tailored and that the prosecutor made improper 3 A-2388-21 comments in her summation. Mejia, slip op. at 1. On March … to speak with him. Defendant has failed to demonstrate a prima facie case of ineffective assistance of his trial … to call or what they would have said to change the outcome of the trial. Moreover, counsel's decision not to call …
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… bar under Rule 3:22-12 and thus Silletti failed to show a prima facie claim of ineffective assistance of counsel. On … reasons expressed by the PCR judge. We add the following comments. We review the legal conclusions of a PCR court de … N.J. 391, 419 (2004) (citing Manalapan Realty, L.P. v. Twp. Comm. of Manalapan, 140 N.J. 366, 378 (1995)). The de novo …
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… evidence extracted from his cell phone pursuant to a communications data warrant (CDW). Defendant contends the … to establish probable cause to believe his phone stored communications data relevant to the shooting. We conclude it … which can be used for communication. Judge Lisa Miralles Walsh issued the CDW,1 authorizing a forensic …
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… passenger side, holding a large knife. The hairnet did not completely obscure the man's face. Ruiz attempted to flee … . . . Gregory's testimony at the PCR hearing was less than compelling. She appeared as an unreliable witness whose … v. Cronic, 466 U.S. 648, 659 n.26 (1984). To establish a prima facie claim of ineffective assistance of counsel, a …
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… that a different type of denture was better suited to accommodate the boney growth and recommended "a combination hybrid partial" denture with a "cast chromium …
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… more than a month later, on October 9, 1999, defendant committed an armed robbery of a restaurant by putting a … robbery, N.J.S.A. 2C:15-1; second-degree conspiracy to commit armed robbery, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:15-1; … sought would be granted; or (C) that the petition alleges a prima facie case of ineffective assistance of counsel that …
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… FOR AN EVIDENTIARY HEARING BECAUSE DEFENDANT ESTABLISHED A PRIMA FACIE CASE OF TRIAL AND APPELLATE COUNSELS’ … a probability sufficient to undermine confidence in the outcome" of the trial. Ibid. "[A] court need not determine … 154, 170 (App. Div. 1999)). A PCR petition must be "accompanied by an affidavit or certification by defendant, or …
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… self-represented litigant is held to the same standards for compliance with our Court Rules. See Rubin v. Rubin, 188 … must first determine whether the moving party has made a prima facie showing of changed circumstances. R.K. v. F.K., … in the judge's finding that plaintiff failed to present competent evidence to support a modification of child …
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… and ORIENTAL HAMLET, ALBERT A. AZIZ, GEICO INDEMNITY COMPANY, Defendants. _____________________________ Argued … began following, Officer Maure-Cascaret radioed the on-duty communications officers to inform them he was following a … terminate the pursuit of Hamlet constituted willful disobedience to the "standing orders" reflected in the Guidelines. …
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… was "acid," the street name for hallucinogen lysergic acid diethylamide (LSD). According to Crawford, the passenger … he escorted defendant to Crawford's patrol car. Crawford completed searching defendant's car and found a "small … not looking for a plea on the [first-]degree [charge] is a compelling reason to justify consideration of defendant's …
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… and Anello Fence, LLC appeal from the dismissal of their complaint with prejudice pursuant to Rule 4:23-5(a)(2). We … and appropriate conditions for reinstatement of the complaint should be imposed due to the absence of any … the court made sufficient efforts to obtain plaintiffs' compliance with the Rule. I. On May 16, 2019, plaintiffs …
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… tried to move his hand away and told him she was uncomfortable and did not want to have sex. Then defendant … his choice not to testify. The trial judge found defendant committed the predicate act of assault. The judge determined … N.J. 373, 387 (2016) (citing Manalapan Realty, L.P. v. Twp. Comm. of Manalapan, 140 N.J. 366, 378 (1995)). 7 A-0687-22 …
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… for the judge to decide the issues presented in Shazo's complaint in lieu of prerogative writs based on the record … denied his application. On November 30, 2021, Shazo filed a complaint in lieu of prerogative writs challenging the Board's denial of his variance. His complaint named the Borough of Tenafly (Borough) as an …
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… Megan's Law, N.J.S.A. 2C:7-1 to -23, and for release from Community Supervision for Life NOT FOR PUBLICATION WITHOUT … probation, concurrent with his Delaware sentence, and to comply with Megan's Law and CSL. He completed his … not been empirically validated through scientific field studies, the factors that comprise the Scale have been shown to …