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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 call or what they would have said to change the outcome of the trial. Moreover, counsel's decision not to call … professional assistance; that is, the defendant must overcome the presumption that, under the circumstances, the …
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… 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 … circumstances' because [a]s time passes, justice becomes more elusive and the necessity for preserving finality …
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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 … nineteen-page written opinion. We add the following brief comments. An ineffective assistance of counsel claim may …
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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; … burglary, N.J.S.A. 2C:18-2; second-degree conspiracy to commit armed robbery, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:15-1; …
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… 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 … in the judge's finding that plaintiff failed to present competent evidence to support a modification of child … judge correctly denied plaintiff's motions for failing to comply with Rule 5:5-4(a)(4), for the sake of completeness, …
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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 …
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… any oral written, personal, or other form of contact or communication with [G.M.]; and prohibited from stalking, … previously with the FRO. Defendant was arrested, and a complaint was filed violation of the FRO. Months later, on … at the time of the incident. Defendant was arrested, and a complaint was filed alleging this second violation of the …
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… 80, 99 (App. Div. 2015) (quoting In re Election Law 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 … not caused by a pre-existing condition . . . alone or in combination with work effort." Id. at 214-15. 10 A-2591-21 …
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… Perez Friscia. On appeal from the New Jersey Civil Service Commission, Docket No. 2022-1785. Jared Wichnovitz argued … General, attorney for respondent New Jersey Civil Service Commission (George N. Cohen, Deputy Attorney General, on the … final administrative action of the New Jersey Civil Service Commission (Commission) upholding the removal of her name …
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… 2010, at around 10:30 p.m., defendant and his co-defendant committed armed robberies involving different victims in two … terroristic threats, and first-degree conspiracy to commit armed robbery. After severance of certain counts and … N.J.S.A. 2C:12-3(b); and second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2 and 2C:15-1(a)(1). The jury …
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… the August 5, 2022 order dismissing the second amended complaint against defendants Charles L. Jaffee, Esquire and … and the August 8, 2023 order granting the joint motion to compel arbitration filed by defendants S&F Holding, LLC and … this case, because West Coast never filed an answer to the complaint as plaintiff's complaint against it was dismissed …