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… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-1011-15T2 IFE JAMES, Appellant, v. NEW … accusers, testify, present evidence, subpoena witnesses and have counsel appointed. N.J.S.A. 30:4- 123.62 to -123.63. … erred in reaching a conclusion that could not reasonably have been made on a showing of the relevant factors. [Id. at …
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… RECORD IMPOUNDED SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-4550-14T1 STATE OF NEW JERSEY, … unprofessional errors, the result of the proceeding would have been different. A reasonable probability simply means a … that, but for counsel's errors, [the defendant] would not have pled guilty and would have insisted on going to trial. …
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… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-1586-15T1 STATE OF NEW JERSEY, … to recapture defendant. Moreover, Accredited knew or should have known when it consented to reinstate the bail that … competency. Notwithstanding, the surety appears to have made no effort either to increase its level of …
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… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-4716-14T4 STATE OF NEW JERSEY, … on July 18, 2010, when he disregarded police attempts to have him stop and instead raced his vehicle through three or … factual basis for his Flores-Ortega argument. As we have held, a defendant must demonstrate an appeal was …
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… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-5058-14T1 CITIMORTGAGE, INC., … On appeal from Superior Court of New Jersey, Chancery Division, Monmouth County, Docket No. F-43939-09. Thomas … A GENUINE ISSUE OF MATERIAL FACT WAS IN DISPUTE THAT SHOULD HAVE PRECLUDED SUMMARY JUDGMENT, AND IF NOT, WHETHER THE …
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… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2641-15T3 STATE OF NEW JERSEY, … had an opportunity to "hear and see the witnesses and to have the 'feel' of the case, which a reviewing court cannot … 192 N.J. at 243-44). Defendant contends that Kelly did not have a reasonable and articulable suspicion sufficient to …
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… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2675-17T4 SIGALIT SHAZO, … or for her use of the utilities. She either knew or should have known that she would be responsible for those payments … to defendant's other contention that because she did not have an expectation of reimbursing plaintiff, even though …
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… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-5163-17T3 EDNA ALBERT and SCHMUEL … Joseph H. Neiman, attorney for appellants. Respondents have not filed briefs. PER CURIAM In this personal injury … Michaels v. Brookchester, Inc., 26 N.J. 379, 382 (1958). We have recognized two "exceptions to the general rule: (1) a …
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… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-1831-19 PAUL OLIVEIRA and ADRIANA … and Adriana Oliveira, appellants pro se. Respondents have not filed a brief. PER CURIAM Plaintiffs Paul and … 801(c) (defining hearsay). However, it conceivably may have been 7 A-1831-19 admissible as a business record, if …
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… RECORD IMPOUNDED SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0292-19T2 A-0317-19T2 IN THE MATTER OF … when the decision sought in a matter, when rendered, can have no practical effect on the existing controversy[.]" In … N.J. Super. 254, 257–58 (App. Div. 2006)). Since appellants have been discharged, there is no existing controversy. …
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… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-3978-19 COURTNEY BUNCH, Appellant, v. … court is '"whether the findings made could reasonably have been reached on sufficient credible evidence present in … requested representation by counsel and waived his right to have his hearing conducted within the fourteen- day …
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… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-3638-18T2 STATE OF NEW JERSEY, … from defendant's counsel for his failure to appear. We have considered defendant's written arguments as set forth … vague and his motion to dismiss the indictment should have been granted as a result. We disagree because there was …
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… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2888-18T1 STATE OF NEW JERSEY, … judge's] opportunity to hear and see the witnesses and to have the 'feel' of the case, which a reviewing court cannot … may, without a warrant, temporarily detain a person if they have a reasonable and articulable suspicion that the person …
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… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-4275-18T4 JPMORGAN CHASE BANK, NATIONAL … that defendants defaulted in July 2012. Defendant may have ceased making monthly payments before that time. The … 439 N.J. Super. 273, 276 (App. Div. 2015). We, however, have held that HAMP does not pre-empt valid state law claims …
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… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0802-18T1 J.D., Plaintiff-Appellant, v. … for [C.D.'s] visitation" by stating "she did not have a vehicle" when defendant "witnessed her drive up in … to speak. They're investigating, doing interviews, and what have you. The judge further noted that if there was …
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… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2682-18T2 LIONELL G. MILLER, Appellant, … in not giving him a polygraph examination, which would have 7 A-2682-18T2 exposed inconsistencies in Saucedo's … 79, 83 (App. Div. 1997) (concluding the appellant did not "have the right to a polygraph test," citing N.J.A.C …
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… RECORD IMPOUNDED SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0747-18T4 STATE OF NEW JERSEY, … unprofessional errors, the result of the proceeding would have been different." Strickland v. Washington, 466 U.S. … unprofessional errors, the result of the proceeding would have been different." Strickland, 466 U.S. at 694. He was …
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… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-1831-20 STATE OF NEW JERSEY, … days in order to allow the State or the defense to have contact with [the victim] to determine whether or not … In considering motions to withdraw a plea, trial judges have broad discretion. Under Slater, judges are encouraged …
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… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-4434-18T4 LARRY PRICE, … had applied for a one[-]year extension, that would have been enough to carry [it] into the extension period which would have extended the approval until [December 31, 2016].[5] If …
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… SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-3733-18T2 MADHUBALA AGARWAL, … followed. On appeal, plaintiff argues the court should have enforced the judgment of possession and relocation … at its inception, or even thereafter, where the tenants have been residing in the premises for almost five years, …