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… 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 competent advice." Id. at 163. When a defendant claims that …
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… Assistant Prosecutor, argued the cause for respondent (Christopher J. Gramiccioni, Monmouth County Prosecutor, attorney; … 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 …
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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 … under the first Strickland prong, a defendant must overcome "a strong presumption that counsel's conduct falls …
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… 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 … defendant in the PCR petition. In a written opinion and accompanying order of June 26, 2020, the court denied the PCR …
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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. … toward the Bronx, police followed. Torres told Georgie to stop, but Georgie refused. The car soon jumped a curb. With … 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); …
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… Office Special Operations Group (SOG) detectives stopped defendant in his vehicle in connection with a broader … 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 … for defendant's guilty pleas, the State agreed to recommend dismissal of thirteen counts of the indictment, …
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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 … reflected in the exemption is to provide an election of remedies only for the injured employee and his or her …
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… the expertise of the [court] in this 'specialized and complex area.'" Advance Hous., Inc. v. Twp. of Teaneck, 215 … unnecessary because Lyndhurst's certifications did not overcome the self-executing application of the Freeze Act where …
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… (10) "order or sequence set," as the he was not directed to complete his work in a particular order or sequence; (11) … materials," because he was not provided "office supplies, computer, secretarial support or any other supplies or … the individual to be classified as an employee under the common-law test." The Board adopted the Division's view that …
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… of the home. In July 2016, the Division filed a verified complaint and Order to Show Cause (OTSC) for the care and … for a psychological evaluation. The May 2016 evaluation recommended Cheryl comply with supportive therapy and undergo … with Cheryl. Cathy told several judges she wanted to stop the compelled visits and explained her reasons why. The …
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… affirm for the reasons expressed in Judge John I. Gizzo's comprehensive and well-reasoned written opinion. We … he worked as a driver for his brother's roadside assistance company, which responded to service calls for customers of companies such as AAA and All America. On July 21, 2011, at …
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… appeal from the Law Division order dismissing their complaint against defendant,2 after a jury returned a … "out the window to see if there was any rain, or anything coming down." Feeling no precipitation, she decided to walk … accident, by the time of trial, he required a subpoena to compel his appearance. In the statement he gave shortly …
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… PRESENTED RAISE A REASONABLE PROBABILITY OF A DIFFERENT OUTCOME. (Raised below). 1 The notice of motion is undated, but … contradictory; 2) . . . the evidence was discovered after completion of the trial and was 'not discoverable by … claim, a defendant must present competent evidence in the form of affidavits or …