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… condition has been impaired or is in imminent danger of becoming impaired as the result of the failure of his parent … condition has been impaired or is in imminent danger of becoming impaired." Ibid. When there is an absence of actual … omitted). The Division must prove by a preponderance of the competent, material, and relevant evidence that a child is …
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… TO THE MOTION COURT THERE WOULD HAVE BEEN A DIFFERENT OUTCOME TO THE MOTION TO SUPPRESS. POINT TWO: THE FAILURE OF … to sustain a prima facie claim of ineffective assistance or compel the need for additional fact- finding. Because an … prima facie case that there would have been a different outcome if they were presented. In fact, although Peterson …
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… v. ALLSTATE NEW JERSEY PROPERTY & CASUALTY INSURANCE COMPANY, Defendant/Third Party Plaintiff-Respondent, v. … Allstate New Jersey Property & Casualty Insurance Company (Regenye Lipstein, LLC, attorneys; Frederic Regenye, … is not required to make that demonstration. [The Automobile Insurance Cost Reduction Act, N.J.S.A. 39:6A-1.1 to – …
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… and "also inconsistent with his behavior." Considering his comportment, the judge "[did] not deem his testimony to be … testimony to be credible. The judge found defendant committed the predicate act of harassing plaintiff by … JUDGE HAS BEEN IN RETALIATION AGAINST DEFENDANT POST HIS COMPLAINT TO THE ADVISORY COMMITTEE OF JUDICIAL CONDUCT. …
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… and as an agent or employee of First Service Residential Company, Defendant-Appellant. __________________________ … sued the manager over her allegedly defamatory communication about the owner's lawsuit. As we discern no … court's exercise of discretion, particularly given the incomplete record before us, we affirm. I. Marta Stekelman, …
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… STATE OF NEW JERSEY, Plaintiff-Respondent, v. GUILIO MESADIEU, a/k/a GUILIO MASADIEU, EMMANUEL MERVALUS, EMMANUEL MERVUILUS, GUILIO … on defendant's petition. In a February 13, 2020 order and accompanying written decision, the judge denied defendant's …
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… May 20, 2020 and July 24, 2020 orders of the Family Part compelling her to sell her North Wildwood vacation home to … In family actions, the court may also grant additional remedies as provided by R. 5:3-7. The rule provides a "means for … or order concerning alimony, may, in addition to the remedies permitted by Rule 1:10-3, grant the following remedies: …
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… the State agreeing to dismiss all remaining charges and recommend that defendant be sentenced as a second-degree … The following week, Judge Ragonese issued an order and accompanying ten-page opinion denying PCR without an … opinion issued on February 27, 2020. We add the following comments. 6 A-4529-19 II. The standard for determining …
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… evidence to support the trial judge's findings that he committed the predicate acts of harassment and criminal … she further advised him that she did not want to communicate with him at approximately 12:15 a.m. on November … Thereafter, on November 12, 2018, a municipal court complaint was filed by police against defendant for …
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… the State makes the single-point argument: THE TRIAL JUDGE COMMITTED LEGAL ERROR IN SUPPRESSING EVIDENCE THAT WAS … DURING A CONSTITUTIONALLY PERMISSIBLE SEARCH UNDER THE AUTOMOBILE EXCEPTION TO THE SEARCH WARRANT REQUIREMENT. We conclude the automobile exception to a warrant requirement did not apply to …
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… a facial contusion, lip contusion, and a bruised lip. He complained of soreness to his torso. Hospital records … inconsistent with the child endangering conviction, compelling dismissal of that count of the indictment. Child … no mention is made in those portions of Title 9 which encompass the conduct in this case. There is no question that …
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… only retained for ninety days. The MCSO also "provided the computer aided dispatch report." No witnesses testified at … the vehicle in question with the exact plate number coming towards me. I turned around and stopped the vehicle … did not have an articulable suspicion that defendant had committed a traffic violation. Defendant also argues the …
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… because defendant claimed plaintiff was using the phone to communicate with other men, which she denied. 6 A-4864-18T2 … defendant sent plaintiff a text message threatening to commit suicide. After plaintiff dropped her children off at … established facts . . . ." Manalapan Realty, L.P. v. Twp. Comm. of Manalapan, 140 N.J. 366, 378 (1995) (citing State …
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… the following colloquy: OFFICER MARSICANO: Where are you coming from? [DEFENDANT]: From New Jersey. OFFICER … gaze nystagmus (HGN) test. Marsicano then had defendant complete field sobriety tests, which defendant failed. This, … turn the car off. The judge concluded by stating that the combination of the officers' testimony and the video …
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… of third- degree criminal mischief, N.J.S.A. 2C:17-3, one committed in Camden County on April 8, 2017, at the Trump … Robert P. Becker, Jr., we affirm. We add the following comments. In the first incident, defendant and two others … any restitution obligation immediately. Defendant is an accomplished poet, first published at a young age. The …
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… When the pilot spoke to him before departure from the San Diego airport, defendant introduced himself as "Bryan," but …
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… defendant was negligent in "not adequately maintaining the common public areas of its property . . . ." After the completion of discovery, defendant moved for summary … (2019) (citation omitted). Thus, we consider "whether the competent evidential materials presented, when viewed in the …
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… County Prosecutor, attorney for respondent (Patrick F. Galdieri, II, Special Deputy Attorney General/Acting Assistant … to his PCR attorney because he 'believed the letter would become available automatically.'" The PCR judge stated that … finding it unbelievable that, "an attorney's written communication to a client, especially on the topic of the …
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… a 148-page report from a private investigator, largely comprised of photographs taken from a mounted camera near … party responsible for his or her own counsel fees. In an accompanying written statement of reasons, the judge said, … a couple has undertaken duties and privileges that are commonly associated with marriage or civil union but does …
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… arguments for our consideration: POINT I THE PROSECUTOR COMMITTED MISCONDUCT IN SUMMATION WHEN HE STATED THAT … OF LYING AND WHEN HE INFORMED JURORS THAT THEY COULD USE COMMON SENSE TO UNDERSTAND THE TERMS "PURPOSELY" AND … "decided to go outside and fight." Flores and defendant accompanied them. According to Flores, he wanted "[t]o watch …