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… by defendant in his merits brief, "a slew of robberies" committed by suspects variously described in a crime-alert … that] he did not hesitate to answer questions and was forthcoming when he did not remember or know an answer[,]" found … of the public in which the police ask questions and do not compel an individual to answer ," and 7 A-0204-18 during …
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… In January 2017, a real estate title agency, Seaboard Title Company, received a fraudulent email that caused the agency … these crimes. She also argued the State failed to present a prima facie case for theft, financial facilitation of … counts in the indictment. The negotiated agreement recommended a suspended sentence in the third-degree range. …
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… case are set forth at length in Judge Sara Beth Johnson's comprehensive written decision and need not be repeated here … sobriety tests, which defendant was unable to successfully complete.1 She also administered the Horizontal Gaze … testified that he also detected the smell of alcohol coming from defendant as she performed the field sobriety …
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… guilty to second-degree possession of a firearm while committing a controlled dangerous substance (CDS) offense, … in the hallway outside where he ordered defendant to come out of the bedroom with his hands up. Defendant did not … (2018). Police safety and the preservation of evidence are primary 9 A-0977-18T4 considerations in such an inquiry. …
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… of his pension from the date of the PSA to the present; compelling defendant to pay $156 per month, representing the … motion in its entirety; determining any credits due upon completion of the amended Court Order Approved for … an ability-to-pay hearing prior to incarceration for disobedience of a prior court order). Affirmed. … LINDA L. FELTON …
njcourts.gov
… prong, an "erroneous strategic prediction about the outcome of a trial is not necessarily deficient performance." … assistance at the plea stage must show that "the outcome of the plea process would have been different with … 2017 opinion, we found that defendant had made an adequate prima facie showing of inadequate assistance and that the …
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… as if to retrieve or conceal something. Defendant did not come to an immediate stop. He continued and eventually … defendant to exit the vehicle and show his hands. Defendant complied, and Ledet patted him down. At this time, three … to dismiss all remaining charges in the indictment and recommended a total of ten 9 A-5130-17T4 years' imprisonment, …
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… Inc. (Sunrise) appeals from a judgment dismissing its complaint in lieu of prerogative writs, which sought to … tract setbacks. The zone also has an affordable housing component, requiring that twenty percent of the for-sale … consultant. Furthermore, the Board heard and received comments from the public, many of whom opposed the …
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… leaving them prone on the floor. Gallardo gave the men the combination to the store's safe. While on the ground, … testified he was at Blake's party when the crimes were committed, admitted to being called "Fitz," and admitted to … THE DEFENSE WITNESS CONCERNING WHY SHE DID NOT COME FORWARD EARLIER WITH HER ALIBI TESTIMONY. POINT II …
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… 1, 2012 order in the amount of $198 weekly, "payable by income withholding from [plaintiff's] employer, Irvington … an order to enforce litigant's rights commanding a disobedient party to comply with a prior order" or face sanctions. … which is cross-referenced in Rule 1:10-3, offers useful remedies to coerce a recalcitrant litigant. The remedies are …
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… the State's offer to dismiss his remaining charges and recommend he serve an aggregate sentence of 364 days in jail … receiving the discovery sooner would have changed the outcome of the case. Specifically, the judge noted defendant … State v. Mitchell, 126 N.J. 565, 579 (1992). To establish a prima facie claim of ineffective assistance of counsel, a …
njcourts.gov
… Div. July 26, 2017). 2 Plaintiff effectuated service of her complaint only upon these defendants. As a result, … a hostile work environment based on DCF's refusal to accommodate her request for handicap parking and transfer to … unit within the agency. In April 2016, plaintiff filed a complaint against defendants alleging unlawful retaliation, …
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… also stated he understood if he did not successfully complete the Recovery Court program, he would be subject to … Act (NERA), N.J.S.A. 2C:43-7.2.1 Defendant successfully completed the Recovery Court program in November 2016. In … Strickland, 466 U.S. at 687, 694. To establish a prima facie case of ineffective assistance of counsel, a …
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… did not understand what was said. While Georgie and his companion spoke to the driver, Georgie pulled a gun on her. … 2C:29-2(b); second- 4 A-3080-18 degree conspiracy to commit carjacking, N.J.S.A. 2C:5-2 and 2C:15-2(a)(1); … are "bare assertion[s] . . . insufficient to support a prima facie case of ineffectiveness." See State v. Cummings, …
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… 26, 2018, defendant filed a motion to suppress. The motion primarily contended the State intercepted two phone calls … seek extended-term sentences for either offense and to recommend consecutive terms of ten years, with a five-year … A. THE COURT ERRED IN DEFERRING TO BOTH OF THE STATE'S RECOMMENDED SENTENCES BECAUSE THE STATE COULD ONLY SEEK, AND …
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… the reasons outlined in Judge Guy P. Ryan's thoughtful and comprehensive written opinion. On July 24, 2010, defendant … On July 19, 2011, a few weeks before his trial was due to commence, defendant successfully moved to be removed from … claims had merit, 8 A-0312-19 he had not established a prima facie case of ineffective assistance of counsel, and …
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… E. DOERFLER, Plaintiffs-Appellants, v. FEDERAL INSURANCE COMPANY, Defendant-Respondent. _____________________________ … E. DOERFLER, Plaintiff-Appellant, v. CHUBB INSURANCE COMPANY OF NEW JERSEY, Defendant-Respondent. … of the parties will be fulfilled." Flomerfelt v. Cardiello, 202 N.J. 432, 441 (2010). An insurance policy should …
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… sexual assault. Under the agreement, the State recommended an aggregate forty- year sentence, with a minimum … returned a superseding indictment, number 02- 07-00494, combining defendant's charges from indictment number … filed a motion with the PCR court requesting the court to compel production of PCR discovery from the CMCPO. In the …
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… MARIO GONZALEZ, Plaintiff-Respondent, v. LAUMAR ROOFING COMPANY, INC., Defendant-Appellant/ Third-Party Plaintiff, … relinquished their right to pursue common-law remedies in exchange for automatic entitlement to certain, but … Laumar's third-party complaint. It is well settled that the primary purpose of "statutory interpretation is to determine …
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… the expertise of the [court] in this 'specialized and complex area.'" Advance Hous., Inc. v. Twp. of Teaneck, 215 … property value, this court has held there must be a prima facie showing: "(1) the change in value result[ed] … unnecessary because Lyndhurst's certifications did not overcome the self-executing application of the Freeze Act where …