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njcourts.gov
… 30, 2019, Synergy Global Outsourcing, LLC (Synergy) filed a complaint in the District Court of Dallas County against the … agreement in which the HGS Parties agreed to pay Synergy commissions for procuring existing and new lines of business … in the Texas Matter on HBI Group in New York. The subpoena primarily sought to trace the flow of payments and other …
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njcourts.gov
… N.J.S.A. 2C:18- 2(b)(1); and second-degree conspiracy to commit burglary, N.J.S.A. 2C:5-2. At trial, the jury … The second prong is based on that deficiency, would the outcome of the trial [have] been any different." The court … FAILURE TO OFFER MATERIAL IMPEACHMENT EVIDENCE AT TRIAL WAS PRIMA FACIE INDICATIVE OF INEFFECTIVE ASSISTANCE OF COUNSEL. …
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njcourts.gov
… presented no evidence that the City caused the boards to become uneven nor was there evidence that the City had actual … on or across the boardwalk could cause boards to become uneven and the City "failed to make timely repairs to … fell. As we have also summarized, the liability expert's primary opinions were net opinions because they were not …
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njcourts.gov
… Court1 with inpatient substance abuse treatment and recommended aftercare as conditions of probation. In the event … that the State would only have to prove that defendant committed one of the nine charged violations of probation by … the judge determined defendant failed to establish a prima facie claim of IAC or that his bargained-for sentence …
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njcourts.gov
… On January 14, 2022, the trial judge issued an order accompanied by a written decision denying defendant's motion … bag" with "thin strings" worn around a person's shoulders, commonly used to carry "like a basketball." Perez was about … reasonable, particularized suspicion that the person is committing a crime."); Pineiro, 181 N.J. at 31 (Albin, J., …
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njcourts.gov
… Road. M.A.Z. had driven across the center line into an oncoming vehicle. The officers observed his 2 We use the … medication but advised he had gout. After unsuccessfully completing the field sobriety tests, M.A.Z. stated, "[j]ust … crime or disorderly persons 3 "THC . . . is the main ingredient that produces the psychoactive effect" in marijuana. …
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njcourts.gov
… N.J.S.A. 2C:12-3(a). Defendant argues: the trial court committed error by improperly joining offenses related to … outside where defendant slapped him and told him not to come back or he would deport and kill him. Defendant was … a "hothead" was out of bounds. See Rule 404(a)(1). "[T]he primary duty of a prosecutor is not to obtain convictions, …
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njcourts.gov
… software found by investigators on defendant's tablet computer was installed at the direction of the United States … The PCR court found that defendant had not established a prima facie claim that trial counsel was ineffective with … a probability sufficient to undermine confidence in the outcome" of the trial. Ibid. "[A] court 8 A-1090-22 need not …
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njcourts.gov
… Jorge Inoa-Tejada and City of Perth Amboy dismissing her complaint. The court determined plaintiff failed to meet the … August 8, 2022. On September 20, 2022, plaintiff filed a complaint against defendants claiming she sustained injuries … is an objective permanent injury." The court's analysis primarily focused on the second prong of Gilhooley—whether …
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njcourts.gov
… of three offenses that would constitute criminal acts if committed as an adult. S.C. argues the trial court erred … years old, was charged with acts of delinquency, which if committed by an adult would constitute: first-degree … of the assault. Nor, the court found, did the detective compromise the reliability of Z.B.'s statements. The court …
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njcourts.gov
… the evidence should [have been] excluded" or "reasonably competent counsel would have requested a limiting … unchallengeable." Nevertheless, he asserted "a less than complete investigation of the law and facts are subject to … defendant failed to meet his burden to establish a prima facie case of ineffective assistance of counsel, the …
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njcourts.gov
… Judges Firko and Augostini. On appeal from the New Jersey Commissioner of Education, Docket No. 73-4/22. Patrick F. … Deputy Attorney General, argued the cause for respondent Commissioner of Education 1 We use initials to protect the … (App. Div. 1983). The agency head nevertheless remains the primary factfinder and maintains the ultimate authority to …
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njcourts.gov
… 2023 order granting defendants' motions to dismiss their complaint with prejudice for failure to state a claim … There is no legal authority . . . that they had to obediently follow without regard to exercising judgment or … in a given state of facts in a prescribed manner in obedience to the mandate of legal authority, without regard to …
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njcourts.gov
… she didn't want to go with him because her boyfriend had come to pick her up and she was going to go with him." … contention for our consideration: DEFENDANT PRESENTED A PRIMA FACIE CASE OF INEFFECTIVE ASSISTANCE OF TRIAL COUNSEL … . . . DEFENDANT OF A JURY INSTRUCTION THAT WOULD HAVE COMPLETELY EXONERATED HIM FROM CRIMINAL LIABILITY, AND …
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njcourts.gov
… NEW JERSEY PUBLIC EMPLOYMENT RELATIONS COMMISSION, Respondent. ___________________________ Argued … On appeal from the New Jersey Public Employment Relations Commission, PERC No. CU-2019-020. NOT FOR PUBLICATION … cause for respondent New Jersey Public Employment Relations Commission (Christine R. Lucarelli, General Counsel, …
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njcourts.gov
… 404(b) evidence. Third, defendant argue[d] the judge compounded these errors by allowing [his wife] to testify … on April 15, 2021, the PCR judge issued an order and accompanying written opinion denying defendant's petition. In … principles, and concluded defendant failed to establish a prima facie claim of IAC. Specifically, the judge determined …
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njcourts.gov
… Law Division order denying its application to admit fresh complaint evidence at the trial of defendant Joseph Gares. … time after the alleged sexual abuse, we affirm. I. We commence our review with the governing legal principles to give context to the issues raised on appeal. The fresh complaint doctrine's "narrow purpose," State v. Hill, 121 …
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njcourts.gov
… Kim appeals from the November 13, 2020 order dismissing his complaint against defendant New Jersey Institute of … c. 16 (C. 40A:14- 209). In interpreting a statute, our primary objective is to ascertain the intent of the … asserts plaintiff failed to exhaust his administrative remedies, which we also do not address at this time. Defendant …
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njcourts.gov
… additional delays associated with the COVID-19 pandemic in completing the trial.2 1 The Law Division court noted, … 1, 2021. Judge Michael A. Guadagno issued a thorough and comprehensive opinion, discussed more fully below, finding … 42 N.J. 146, 162 (1964)). The rule of deference is more compelling where, as here, the municipal and Law Division …
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njcourts.gov
… allowed to take Grandchild on vacation to Florida and to communicate with her electronically. Satisfied with the … the June 9, 2020 order. She alleged that Mother failed to comply with the order by refusing to allow her to visit or … the child. [N.J.S.A. 9:2-7.1(b).] In addition, "it shall be prima facie evidence that visitation is in the child's best …