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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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 …
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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… Part orders; specifically, the provisions of the orders granting defendant Luis Rua's motion to establish a child … We first discuss the series of orders on the parties' competing motions regarding emancipation, child support, … as of the relocation date. Darren did not immediately commence higher education, instead he worked full-time. The …
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njcourts.gov
… 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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njcourts.gov
… the trial judge heard argument on defendant's motion to compel discovery, including the production of Eleanor's … of aggravating and mitigating factors were not 'based upon competent credible evidence in the record;' or (3) 'the … "Every time I went to the babysitter, this guy would come to me and, like, do–make me do some bad stuff that I …
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njcourts.gov
… 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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njcourts.gov
… and in his official capacity as a West Amwell Township Committeeman, JAMES CALLY, individually and in his official capacity as a West Amwell Township Committeeman, GARY HOYER, individually and in his official … the District's motion to dismiss, the trial court partially granted the District's motion to dismiss without 6 A-3178-21 …
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njcourts.gov
… defendant Nicholas Gerbino. Williams filed a Law Division complaint against defendant seeking damages stemming from … not a defense to the fraud. 9 A-0776-21 II. "The decision granting or denying an application to open a judgment will … emotional—of protracted litigation. . . . [It] preserves precious and overstretched judicial resources." (citation …
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njcourts.gov
… of her deceased husband Joseph Murray, appeals an order granting the motion of defendant Consolidated Rail … Liability Act (FELA), 45 U.S.C. §§ 51-60, and the Locomotive Inspection Act, 49 U.S.C. §§ 20701-20703. In the complaint, plaintiff alleged decedent had been "exposed on a …
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njcourts.gov
… jury trial, defendant was convicted of conspiracy to commit robbery, N.J.S.A. 2C:5-2 and 2C:15-1, and … properly raise these issues on direct appeal. The PCR judge granted defendant's motion for an evidentiary hearing. … habeas corpus." Pierre, 223 N.J. at 576 (quoting State v. Preciose, 129 N.J. 451, 459 (1992)). PCR provides "a …
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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… "[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. …