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… 11, 2023 – Decided October 25, 2023 Before Judges Rose and Smith. On appeal from the Superior Court of New Jersey, … 23, 2022 dismissal of his Special Civil Part, Small Claims complaint against defendant NOT FOR PUBLICATION WITHOUT THE … the out-of-state defendant, we affirm. We summarize the facts from the limited record before the small claims court, …
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… 2019 – Decided January 16, 2019 Before Judges Fisher and Hoffman. On appeal from Superior Court of New Jersey, Law … lot. Decker identified himself and asked defendant to accompany him back into the store. When defendant "became … let me go I'm going to . . . cut you up." Concerned for his safety, Decker grabbed defendant's arm as he was pulling the …
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… PLAINTIFF'S CREDIBILITY AND DEMONSTRATE PERJURY AND FRAUD COMMITTED BY THE PLAINTIFF DURING HER DEPOSITION ON MARCH … car [was] there." The judge appraised defendant's offered explanations for the acts, found defendant … M.D.F., 207 N.J. 458, 487 (2011) (citing State v. Fuchs, 230 N.J. Super. 420, 428 (App. Div. 1989)). We determine …
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… NIEVES, a/k/a ANTHONY CHAPARRO, Plaintiff-Respondent, v. OFFICE OF THE PUBLIC DEFENDER and PETER S. ADOLF, ESQ., … novo, Henry v. N.J. Dep't of Human Servs., 204 N.J. 320, 330 (2010), and apply the same standard employed by the trial … Hillsdale, 183 N.J. 149, 153 (2005), the plaintiff sought compensation because of alleged common law false arrest and …
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… INC., WILLIAM KUMUYI, AKANNI ONI, VIOLET OBOH, SOJI FALAE, and EZEKIEL KOREDE, Defendants-Respondents. … denying its cross-motion for leave to file a second amended complaint; and E & V and Aliyu Abubakar appeal from an order … Abubakar. The sequence of the pleadings corroborates this fact: E & V listed itself as a plaintiff in the complaint, E …
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… May 22, 2018 – Decided June 22, 2018 Before Judges Fasciale and Moynihan. On appeal from Superior Court of New Jersey, … affirm. Absent an evidentiary hearing, our review of the factual inferences drawn by the PCR court from the record is … a "probability sufficient to undermine confidence in the outcome" of the proceeding. Strickland, 466 U.S. at 694; Fritz, …
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… with the suspect, after which the informant returns to the officers where the drugs are relinquished and tested. During … guilty. Prior to this representation, defendant had filed a complaint against his defense counsel with the District VIII … whether he was coerced into pleading guilty to allow his codefendants' charges to be dismissed, because he was …
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… April 17, 2018 – Decided Before Judges Reisner and Hoffman. On appeal from Superior Court of New Jersey, Law … In exchange for defendant's guilty plea, the State recommended a sentence of probation and imposition of a fine. … PETITIONER'S CLAIM OF INNOCENCE IS SUPPORTED BY PLAUSIBLE FACTS AND THE DECEMBER 3, 1993 PLEA HEARING TRANSCRIPT[.] C. …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-4930-16T3 STATE OF NEW JERSEY, Plaintiff-Respondent, v. … 459 (citations omitted). "To sustain that burden, specific facts" that "provide the court with an adequate basis on … mind." Defendant claimed that the victim wanted to commit suicide due to her addiction and he killed her …
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… defendant refused to withdraw, plaintiff filed a verified complaint seeking to discharge defendant and to substitute … any property theretofore held for the ward by attorneys in fact." The right to file litigation on behalf of a minor is … removal of a fiduciary, N.J.S.A. 3B:14-18 (discharge from office of fiduciary) 7 A-4966-16T4 We interpret the law to …
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… Jersey, Law Division, Essex County, Indictment Nos. 86-04-1304 and 88-10-3258. Glenroy A. Deer, appellant pro se. … they were previously adjudicated. The judge declined to comment on the substance behind defendant's renewed … witnesses, not acquiring personnel records of the police officers involved, failing to provide adequate consultation …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-4630-17T1 SHASHI CUKKEMANE and SHYAM CUKKEMANE, her husband, … and AMPCO SYSTEM PARKING, an ABM Industries Incorporated Company, Defendant-Appellant, and ABM INDUSTRIES, INC., … a reservation of rights. The PA subsequently rejected the offer to defend subject to the reservation and defended …
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… JERSEY APPELLATE DIVISION DOCKET NO. A-4539-15T1 BRIDGETON COMMERCE CENTER, INC., BRIAN ALTMAN, DENNIS ALTMAN, and ANNETTE ALTMAN, Plaintiffs-Appellants, v. N.J. DEALERS … we need only briefly recite the essential background facts and procedural history as set forth in our earlier …
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… fines and penalties. The court ordered that defendant must comply with Megan's Law, N.J.S.A. 2C:7-1 to -23, and … stated that defendant was a repetitive and compulsive sex offender, and had possessed child pornography, which … report provided by the ADTC. It was, moreover, a finding of fact, not a "condition" imposed as part of PSL. Thus, the …
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… Submitted March 28, 2017 – Decided Before Judges Reisner and Sumners. On appeal from Superior Court of New Jersey, … which provide progressively-enhanced penalties for repeat offenders. Penalties for first-time offenders include a fine … of the sentence sought to be attacked, unless it alleges facts showing that the delay in filing was due to …
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… at the FRO plenary hearing. The trial court found that L.F. committed the predicate act of harassment by driving past … the discovery of truth.'" State v. Castagna, 187 N.J. 293, 309 (2006) (quoting California v. Green, 399 U.S. 149, 158 … the failure to afford [the] defendant essential procedural safeguards including the right to cross-examine adverse …
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… a Division of First Tennessee Bank, NA, filed a foreclosure complaint after defendant defaulted on a refinancing loan. … of a Writ of Possession from the Special Civil Part Clerk's Office no more than [thirty] days thereafter." Defendant has … O'Connor v. Altus, 67 N.J. 106, 126 (1975)). Thus, not every defect in service of process renders a subsequent …
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… because the trial court did not find applicable mitigating factor four based on his 1 Defendant was resentenced in … N.J.S.A. 2C:43-6.4 and was required to register as a sex offender, N.J.S.A. 2C:7-2. Defendant was sentenced to three … AN INVESTIGATION OF WITNESSES WHO WERE IN THE 2 Defendant complained his trial attorney was not present at sentencing …
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… 6251. James A. Abate argued the cause for appellant (Law Offices of James A. Abate, LLC, attorney; James A. Abate, of … sample, N.J.S.A. 39:4-50.2 and -50.4(a). We affirm. The facts are undisputed. In accordance with a plea agreement in … license. Defendant also argued "an offense does not come into existence until there is a conviction, and a …
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… plaintiff "mostly" credible,2 and concluded defendant had committed the predicate acts of assault and terroristic … owe substantial deference to the Family Part's findings of fact because of its special expertise in family matters. Id. … competent, relevant and reasonably credible evidence as to offend the interests of justice." Cesare, 154 N.J. at 412 …