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… "[t]rial counsel failed to fully investigate the case and communicate with [d]efendant, as well as represent … an evidentiary hearing for an abuse of discretion. State v. Preciose, 129 N.J. 451, 462 (1992). 13 A-1836-21 To succeed … to [PCR], . . . then an evidentiary hearing need not be granted." State v. Brewster, 429 N.J. Super. 387, 401 (App. …
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… Currier, Firko, and Susswein. On appeal from the New Jersey Commissioner of Education, Docket No. 92-6/21. Christopher … J. Platkin, Attorney General, attorney for respondent Commissioner of Education (Laurie L. Fichera, Deputy … complaint in lieu of filing an answer. The Commission granted his motion in part, dismissing counts one and two, …
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… Vernoia, Firko and Natali. On appeal from the New Jersey Commissioner of Education, Docket No. 91-6/21. David B. … J. Platkin, Attorney General, attorney for respondent Commissioner of Education (Colin Klika, Deputy Attorney … disease — COVID- 19. The ALJ denied the Board's motion and granted Angus's cross-motion. In a written decision, the ALJ …
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… acquire Shree's real property by eminent domain, appointing commissioners, and denying Shree's motion to dismiss Seaside Park's condemnation complaint. We affirm. I. Shree owned real property in … the second complaint. The trial court found that it had granted a motion to dismiss previously, the prior complaint, …
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… was arrested and charged with various sexual offenses after complaints of inappropriate touching from four female … the filing of criminal charges, the Board filed a verified complaint and order to show cause alleging Irby had engaged … of the license revocation hearing, a Superior Court judge granted Irby's motion to expunge his records related to the …
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… robbery, N.J.S.A. 2C:15-1(a)(2) (count one); first-degree accomplice liability, N.J.S.A. 2C:2-6(c)(1)(b) (count two); … The State agreed to dismiss the remaining charges and recommended defendant be sentenced in the second-degree range … Dec. 16, 2019) (slip op. at 9). In June 2021, the PCR judge commenced an evidentiary hearing. Defendant and his plea …
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… from the July 16, 2021 order of the Chancery Division compelling specific performance of a contract for the sale … the contract that day. The buyers subsequently filed a complaint and order to show cause in the Chancery Division … closing. On July 16, 2021, the trial court issued an order granting the buyers' request for specific performance, …
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… they were negligent. Defendants brought a third-party complaint against plaintiff's employer, Express. After one … severed, plaintiff's case focused on a limited liability company, defendant Far Brook Homes, LLC ("Far Brook"), which … court was persuaded that Far Brook owed no such duty and granted it summary judgment. This appeal by plaintiff …
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… testimony at the March 15, 2023 suppression hearing and accompanying body worn camera (BWC) footage. At approximately … his horn to alert individuals in an adjacent building to come out, despite Officer Diaz's instructions for him to … out of here . . . ." Based on defendant's slurred speech, combative behavior, and inability to follow directions, …
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… issues in this personal injury case involve principles of comity and choice of law, specifically New York's tort claim … Plaintiff appeals from an October 20, 2023 order granting defendants' motion to dismiss plaintiff's complaint with prejudice. She contends the court erred in …
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… names for the purposes of clarity because they share a common surname. In doing so, we intend no disrespect. 2 The Life Legacy policy was issued by Mony Life Insurance Company of America and the Term 20 policy was issued by AXA … check for $545,181.82. On August 14, 2020, the court granted Hazel's application, appointed her temporary …
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… with prejudice for discovery violations and failure to comply with court orders. On appeal, defendant contends the … Turkey. A child was born of the marriage. Plaintiff filed a complaint for divorce on January 5, 2022, and defendant … comply, plaintiff filed a motion to compel, which the court granted on October 28, 2022. Among other deficiencies, …
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… for claims stemming from Montes' alleged breach of a non-compete clause in an employment agreement he had with … defendants argue the trial court erred by: finding the non-compete clause enforceable; finding CKR liable for payment … On appeal defendants contend the trial court erred by: not granting their motion for a directed verdict on all counts; …
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… the risk of danger to others. On April 4, a Cape May County grand jury indicted defendant for second- degree eluding … pleaded guilty to second- degree eluding after meeting and completing plea forms with plea counsel. Plea counsel … State v. Hess, 207 N.J. 123, 145 (2011) (quoting State v. Preciose, 129 N.J. 451, 460 (1992)). "[W]e routinely decline …
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… with his counsel claiming "the Fifth Amendment is such a compelling amendment, it is bedrock a part of due process that a defendant shouldn't be compelled to testify" and "it forces a defendant to reveal a … and their son. After plaintiff's testimony, the trial court granted the FRO, concluding defendant committed the …
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… N.J.S.A. 9:6-8.99. The Institutes were established by the Commissioner of the Department of Children and Families in … found that Gina had been sexually abused by Leon and she recommended that Gina be referred for mental health services. … of Gina and Aimee. Thereafter, 8 A-2654-22 the family court granted the Division's application for care and supervision, …
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… couple was married in 2018. Francisco and Ramona did not complete a formal education and worked blue collar jobs … Ramona. We utilize their first names because they share a common surname. We intend no disrespect. At oral argument, … an order denying plaintiffs' summary judgment motion and granting in part defendants' cross-motion for summary …
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… he contends the trial court erred by permitting the jury to compare handwriting samples without conducting a hearing … and testify against Ware in exchange for the State recommending a ten-year prison term and dismissal of the … then sought leave to appeal. Before opening statements commenced, we reversed, permitting the State to present at …
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… October 24, 2023 order denying his motion to reinstate his complaint pursuant to Rule 1:13-7. He also appeals from the trial court's October 24, 2023 order granting defendants' Fletcher & West Associates, LLC … and KFC USA, Inc. (KFC) motion to dismiss plaintiff's complaint with prejudice based on his failure to restore the …
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… of conviction for violations of his special conditions of community supervision for life (CSL), N.J.S.A. 2C:43-6.4(d), … I. In 1997, defendant was indicted by a Monmouth County grand jury for: second-degree attempted aggravated sexual … 2C:5-1 and 2C:14- 2(a)(1); second-degree conspiracy to commit aggravated sexual assault, N.J.S.A. 2C:5-2 and …