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… ineffective for failing to bring the probation officer's comment to its attention because the trial court made it … to counsel, a right that extends to the plea-bargaining process." Lafler v. Cooper, 566 U.S. 156, 162 (2012). The … reject a deal based upon erroneous impressions of the case. Ultimately, [defendant] was the only person who knew if he …
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… the August 6, 2019 order for final judgment dismissing its complaint in lieu of prerogative writs that challenged a … result of an Environmental Protection Agency consent order compelling local communities to relinquish control over … the sewerage authority[,] regardless of what the developer ultimately builds in its place. This would place other users …
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… trial. 4 A-4591-17T1 The judge explained his reasons in a comprehensive, thirty-one-page written opinion that accompanied his June 30, 2017 order (the June order). The … and not from opinions . . . or reasons given for the ultimate conclusion.'" (quoting Do-Wop Corp. v. City of …
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… did not adequately investigate Tom's mother (Barbara) nor complete its investigation of several other family members … and Mary suggested as possible placements. Once children become the responsibility of the Division, it is statutorily … even on the stand after the killing, although she ultimately admitted having been aware of his problems. …
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… failing to pay court- imposed financial obligations; and 6) committing a new offense, obstructing the administration of … lesser sentence of parole ineligibility had he successfully completed drug court. The judge found no basis for an … a reasonable likelihood that his or her claim will ultimately succeed on the merits." State v. Marshall, 148 …
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… SERVICES, INC., Defendant-Appellant, and ARCH INSURANCE COMPANY, Defendant. ___________________________________ … or of any other builder or subcontractor; (4) fail to comply with all provisions of this Subcontract or the … Project prior to the September 16, 2015 letter. The parties ultimately stipulated the amount sought by CNJ for completed …
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… a reasonable likelihood that his or her claim will ultimately succeed on the merits." State v. Marshall, 148 … does not require a showing of serious bodily injury, as compared to proof of bodily injury; (2) the amount of drugs, … he understood the charges against him and the recommended sentences. The judge taking the pleas reviewed …
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… for further proceedings. I. The record presented to us is incomplete. The mother submitted some, but not all, orders … a preponderance of the credible evidence a probability of ultimate success on the merits of the complaint. Almost one … Modification of an existing custody order is a "two-step process." R.K. v. F.K., 437 N.J. Super. 58, 62 (App. Div. …
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… delay, the fire escape was removed and construction was completed. In the interim, the property sustained … line. The way the fire escape was positioned prevented completion of construction. Plaintiff, the general … and irreparably weather damaged by the time plaintiff was ultimately able to resume construction." The judge also …
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… alleged in the light most favorable to the defendant, will ultimately succeed on the merits.'" Id. at 355 (quoting R. …
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… plaintiff's application without prejudice pending the outcome of litigation filed by the Division of Child Protection … traditional standard of review is expanded when the court committed an alleged error in evaluating the underlying … would be in the children's best interest[s]. But, the judge ultimately refused to consider plaintiff's application …
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… two November 4, 2020 Law Division orders that dismissed his complaint for breach of contract against defendants City of … [defendants'] "Captain's List" and applicable Civil Service Commission regulations. Nothing contained herein shall be … disposed of hereby, or the facts alleged therein, or the ultimate disposition of same against him, when he is …
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… CURIAM On May 26, 2015, plaintiff Ana F. Cruz-Sosa filed a complaint against defendants, seeking personal injury … years later – in March 2020 – plaintiff effected service of process on defendants and moved for reinstatement of the … the trial judge did not abuse his discretion in ultimately precluding reinstatement because: plaintiff …
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… T.O.'s seventeen-year-old son. 3 A-4208-18 or texts. In a comprehensive oral opinion, the trial court dismissed the … among them: "the plaintiff was less likely to agree, communicate, and cooperate [with defendant] in matters … following before us: THE TRIAL COURT'S DETERMINATION OF THE ULTIMATE FINDINGS SHOULD BE REVIEWED DE NOVO AND THE TRIAL …
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… On January 4, 2019, plaintiff filed a domestic-violence complaint against defendant, alleging she had been harassing … and (2) were in agreement as to the opinions and recommendations set forth in the report. If they were in … parenting plan be implemented by the parenting coordinator, ultimately terminating in the [restoration] of [plaintiff's] …
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… percent term of parole ineligibility and ordered him to comply with parole supervision for life and the requirements … brief defendant asserts: POINT I EPPS WAS DENIED DUE PROCESS AND DID NOT GET A FAIR TRIAL. N.J.R.E. 803(c) (27); … NOT OUTWEIGHED BY ITS APPARENT PREJUDICE POINT IV THE STATE ULTIMATELY USED THE PRIOR- BAD-ACT EVIDENCE TO BIAS THE NEW …
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… created a "reasonable probability" that the 7 A-0144-19 outcome of the proceedings would have been different if counsel … "a reasonable likelihood that his . . . claim will ultimately succeed on the merits." State v. Marshall, 148 … facie claim." Preciose, 129 N.J. at 463-64. Without any competent showing, defendant argues his trial counsel failed …
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… deficit hyperactivity disorder. She admitted hearing voices commanding her to harm herself and she was not compliant with her prescribed medications. DCPP … mental illness threatened the child's well-being. K.R. ultimately agreed to live with her daughter in the home of …
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… other cases is limited. R. 1:36-3. 2 A-3046-19 FANNY REALTY COMPANY, INC., Defendants. ______________________________ … arguing the settlement agreement was unenforceable but ultimately seeking to enforce the agreement. Describing Cory … party must jump; they are the mechanism that ensures due process is given to the party potentially subject to a …
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… court's January 8, 2021 oral decision. We add the following comments. James and Josephine are siblings who immigrated to … business. The siblings and their spouses derived their income from their positions in the business. During the … [Josephine's] investments were made for the purpose of ultimate reinvestment and increase of capital rather than …