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… a probability sufficient to undermine confidence in the outcome." Gideon, 244 N.J. at 550-51 (alteration in original) … that "(i) counsel's assistance was not 'within the range of competence demanded of attorneys in criminal cases'; and … a probability sufficient to undermine confidence in the outcome." Strickland, 466 U.S. at 694. The defendant must also …
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… followed defendant before effectuating a motor vehicle stop. The exchange was captured by Marchetti's patrol car … "'[t]he New Jersey judiciary is, as a matter of policy, committed to the quick and thorough resolution of DWI … right to a speedy trial by moving to dismiss the pending complaint under R. 3:25-3. He claims no impairment of his …
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… motion for a new trial. We reverse . I. Morales filed a complaint alleging that Arakaki's negligent operation of her … to Rule 4:37-2(b) for an involuntary dismissal of the complaint. She argued that Morales failed to present … collision. She testified that hers was the first vehicle stopped at the red light. According to Arakaki, when the …
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… 2007, he was released from prison and parole supervision commenced. In March 2009, Shearrin's parole was revoked for … His parole was continued with an added condition that he complete a drug counseling program. In February 2017, he violated parole by not completing the program. Parole was revoked and he was …
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… cure the default. On December 17, 2020, plaintiff filed a complaint in foreclosure, alleging defendant and Davis had … defenses, including lack of standing and failure to comply with Rule 4:64-1(b)(13), specifically that plaintiff did not plead it complied with the requirements of the Fair Foreclosure Act …
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… On November 30, 2022, plaintiff filed a domestic violence complaint. She alleged that on February 20, 2022,2 while the … had changed the locks on the marital residence. The complaint also alleged defendant refused to let the parties' … plaintiff from accessing marital bank accounts. The complaint alleged a history of domestic violence, including …
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… petitioner was working on a unit when an inmate became non-compliant with instructions given by petitioner's partner. The inmate did not respond to verbal commands. Petitioner grabbed the inmate but the inmate "got … his left knee as they were standing and the inmate became combative and was attempting to loosen himself from …
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… motion to suppress evidence seized during a motor vehicle stop, defendant Michael J. Figueroa pleaded guilty to … to the stop. Defendant relayed he was a security guard coming from Newark and was going to McDonald's. Heredia commented it did not appear defendant was coming from …
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… order that granted the summary judgment dismissal of his complaint against defendants JTI Real Estate, LLC, and its … we dismiss the appeal. The facts alleged in plaintiff's complaint are straightforward. The course of the four-year … for treatment of any reinfestation. After plaintiff completed a walkthrough, he closed on the property. …
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… days after J.D.'s birth, the Division filed a verified complaint for custody, care, and supervision of J.D. The … to J.D. including: (1) J.D.'s room was ready; (2) J.D. was coming home next week; and (3) J.D was coming home soon; despite those promises having no "basis in …
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… medical indications leading to such treatment may provide competent evidence to support a diagnosis of NAS. Here, … initiated emergency removal of the child, and filed a complaint for emergent custody, care, and supervision of … of withdrawal symptoms in a child suffering from other maladies, such as respiratory distress due to meconium …
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… of Labor and Workforce Development, Division of Workers' Compensation, Claim Petition Nos. 2021-2937 and 2021-3701. Christopher Peter Gargano argued the cause for appellant. … is limited. R. 1:36-3. 2 A-2789-21 PER CURIAM In these compensation matters, petitioner Laura Driscoll appeals from …
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… a single witness at the suppression hearing, Trooper Christopher Wegfahrt of the New Jersey State Police. Trooper … Wegfahrt further testified he "detected the odor of alcohol coming off of [defendant's] breath. At the same time, his … (count one); second- degree possession of a weapon while committing a CDS offense, N.J.S.A. 2C:35-5(b)(3) (count …
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… without G.M.T.'s consent, G.M.T. filed a domestic violence complaint, which resulted in the issuance of a temporary … R. 1:38-3(d)(9). 3 A-3774-21 court, provides that all communications between the parties regarding the children … said to [G.M.T.] twice . . . "What? I'm allowed to stop and say hi to my children." [A]nd then he said, "Are you …
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… conducting a bench trial, dismissed with prejudice the complaint as to defendants 3 Gigioni Inc. (Gigioni) and … DeMarco, employed Rivera as a line cook and used a payroll company, Paychex, Inc., to 1 In the order, the judge entered … asserted Gigioni's bank had dishonored the check "as a 'Stop Payment' item" and that, pursuant to 5 A-2751-21 …
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… Defendant appeals, arguing: POINT I THE PROSECUTOR COMMITTED REVERSIBLE MISCONDUCT WHEN SHE MADE INCULPATORY … no unjust result occurred due to the prosecutor's summation comments about Mims' shootings. The jury was instructed … due to prosecutorial misconduct––summation 6 A-2807-20 comments: (1) implying––without factual support––defendant …
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… and JANET BERARDI, Plaintiffs-Respondents, v. FMI INSURANCE COMPANY, Defendant-Appellant, and LOYAS AGENCY, … at their second home. Defendant Franklin Mutual Insurance Company (FMI) provides insurance for plaintiffs' primary … meaning of the phrase "arising out of" in Flomerfelt v. Cardiello, 202 N.J. 432, 454 (2010). There, our Supreme Court …
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… and provide a detailed invoice and explanation of the outcome of the representation. The form also recites the … as it proceeded, or any documentation describing the outcome of the matter. Plaintiff then submitted an invoice to … counsel sent plaintiff a letter stating plaintiff failed to comply with the LPP because it "did not submit any documents …
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… punched Mother during the domestic violence incident. He completed a domestic violence program. Over a period of … was "too intrusive" and, after a few visits with Son, stopped visiting the child. Mother gave birth to Daughter in … with Mother a few months later, after she successfully completed the program. Father, however, failed to visit the …
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… v. PATRICIA BARNABA, Defendant, and FEDERAL INSURANCE COMPANY, Defendant-Respondent. ____________________________ … liability coverage issued by defendant Federal Insurance Company (Federal). The issue on this appeal is whether … Super. 400, 407 (App. Div. 2017) (quoting Flomerfelt v. Cardiello, 202 N.J. 432, 441- 42 (2010)). 9 A-3238-21 Applying …