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… will, he had no concern whatsoever regarding the decedent's competence. Hiering further testified his opinion of the … competency" in regard to the 2014 will and "rendered him less able to resist 5 A-1356-17T3 'undue influence,' if it … contest. Because defendant failed to provide either the order or the transcript of the court's oral statement of …
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… finding "a substantial likelihood exists that [he] would commit a new crime if released on parole at this time." The … assault and theft, he had been paroled five times in the past and had committed two parole violations. Appellant … the Board was not arbitrary, capricious or unreasonable in ordering an eighty-four month FET. The record showed ample …
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… K.W.A. appeals from the September 5, 2017 Law Division order denying de novo his petition for post-conviction … if he: (1) Attempts to cause or purposely, knowingly or recklessly causes bodily injury to another" 3 The purported … appear on the return date of the domestic violence cross-complaints, which were dismissed five days after defendant …
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… 2 A-5015-16T3 Defendant Hector Feliciano appeals from an order denying his petition for post-conviction relief (PCR) … that co-defendant Santos Cuevas ("Cuevas") received a lesser sentence than that called for by the plea agreement; … v. Maryland, 373 U.S. 83 (1963). 5 A-5015-16T3 promised a lesser sentence in exchange for implicating defendant as the …
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… 213 N.J. 463, 478 (2013); Manalapan Realty, LP v. Twp. Comm. of Manalapan, 140 N.J. 366, 378 (1995). On appeal, … of a party . . . on the day of trial, . . . the court may order any one or more of the following: . . . (c) . . . the … was in a position to "know or have reason to know, from past experience, that there [was] a likelihood of conduct on …
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… Defendant Robert Sabatini appeals from a July 24, 2017 order denying his petition for post-conviction relief (PCR). … his attacker would have been drenched in blood, as compared to the few drops on defendant's clothing. Much of … INSTRUCT THE JURY REGARDING THE LESSER INCLUDED OFFENSE OF PASSION/PROVOCATION MANSLAUGHTER. D. THE DEFENDANT DID NOT …
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… Defendant Erik Jones appeals the July 13, 2017 Law Division order denying his petition for post-conviction relief (PCR). … stated by Judge Patrick J. Arre, we affirm with only brief comments. Defendant was indicted for first-degree murder, … Jury Charge, but instructed the jury as to all the requisite elements of the crime. Model jury charges are not "cast …
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… brief). PER CURIAM Defendant Julio Freza appeals from the order of the Criminal Part denying his post-conviction … in the indictment. In exchange, the State agreed to recommend that the court sentence defendant on the first … prejudiced the defense." Strickland, 466 U.S. at 687. "Unless a defendant makes both showings, it cannot be said that …
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… Defendant Christoph Jones appeals from the March 14, 2016 order denying his motion to suppress evidence seized … contentions in light of the record and applicable principles of law, we affirm. We derive the facts from testimony … suspicion that an offense . . . has been or is being committed." State v. Carty, 170 N.J. 632, 639- 40 (citing …
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… Defendant's appeal focuses on a September 7, 2017 order denying his motion to withdraw his guilty plea. He … using her car. At the time of his arrest, defendant was a passenger in the 3 A-2827-16T2 girlfriend's car. A search of … guilty to first-degree racketeering, and the State would recommend a ten-year NERA sentence. On the same date, …
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… registration, and parole supervision for life. He also was ordered to pay mandatory penalties and assessments, … charge. Counsel and the court then discussed certain lesser included offenses and agreed to charge the jury on … 41, 54 (1997)). Accordingly, a trial judge must deliver "a comprehensible explanation of the questions that the jury …
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… Division's October 28, 2016 order dismissing his amended complaint against defendants Newark Morning Ledger Co., … publication of an article (the article) on defendants' website, NJ.com, on May 13, 2013, which coincided with the … 6 A-1487-16T4 discovery would not develop one." State v. Cherry Hill Mitsubishi, Inc., 439 N.J. Super. 462, 467 (App. …
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… appeal from Superior Court of New Jersey, Law Division, Middlesex County, Indictment No. 85-06-0918. Joseph E. Krakora, … prosecutor referred to the psychological evaluation in his comments at sentencing. The Judgment of Conviction (JOC) … or to its reference in the JOC. An October 31, 2016 order and written decision followed. Judge Toto determined: …
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… of law, we affirm. On June 27, 2015, defendant was issued a complaint-summons for DWI in violation of N.J.S.A. 39:4-50. … side window. They also observed a woman asleep in the passenger's seat. Although the officers attempted to wake … of an ignition interlock for six months, and the requisite fines, fees, and costs. In this appeal, defendant …
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… Cross-Appellants, v. NEW JERSEY MANUFACTURERS INSURANCE COMPANY, Third-Party Defendant- Respondent, and AMERICA … coverage dispute. Plaintiff Melissa P. Silverman was a passenger in a specialty car, a 1967 Ford Shelby Cobra, … Bd. of Livingston, 51 N.J. 162, 175 (1968) (observing that orders can be affirmed on appeal on different grounds than …
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… On appeal from Superior Court of New Jersey, Law Division, Passaic County, Indictment No. 08-01-0041. Joseph E. … was false. . . . [M]y chief had told Mr. Brito . . . come to [the judge's courtroom] as the subpoena directs, and … conscious decision not to testify" at trial. He entered an order denying defendant's PCR petition. Before us, defendant …
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… her customary labor charges. After the work on the home was completed, Steffne sent Buemi an invoice for $6,655.15. That … party can be ascertained with reasonable certainty.'" Weichert Co. Realtors v. Ryan, 128 N.J. 427, 435 (1992) … statement did not specify Judge Harrington's pretrial order dismissing various aspects of the counterclaim. … …
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… utility maintenance worker when he was injured at a jobsite in January 2012. He was treated and discharged from the … normal. In March 2012, petitioner underwent a surgical decompression of his right radial nerve. In June, he was … 192 N.J. at 195); see also Thompson v. Bd. of Trs., Teachers' Pension & Annuity Fund, 449 8 A-0448-16T4 N.J. Super. …
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… * NOT FOR PUBLICATION WITHOUT APPROVAL OF THE TAX COURT COMMITTEE ON OPINIONS TAX COURT OF NEW JERSEY Mala Sundar … a sink and kitchen cabinets, meant to be used for a future Passover kitchen, but has no appliances and is being used as … means there are other homes behind it. Plaintiff had visited the comparable when it was on the market, which …
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… PER CURIAM Plaintiff Ben Jimenez appeals from an order granting summary judgment in favor of defendants … a tenant on the leased property, we affirm. The Powells own commercial property located in Phillipsburg, New Jersey. … We reject plaintiff's argument here that McBride is inapposite. The lease clearly delegated the responsibility for the …