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… term. We affirm. Evans pled guilty to conspiracy to commit robbery, aggravated manslaughter, and unlawful … AND A VIOLATION OF APPELLANT'S CONSTITUTIONAL RIGHT TO DUE PROCESS OF LAW AS GUARANTEED BY THE U.S. CONSTITUTION['S] … officer, panel, and the Board thoroughly considered, and ultimately rejected, all of Evans' factual and legal …
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… PCR judge found trial counsel filed a successful motion to compel the State to disclose the surveillance location used … also found trial counsel's election not to file a motion to compel identification of the State's confidential informant … the PCR hearing that she had difficulty reaching Foley, and ultimately decided not to call her as a witness due to a …
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… A-2071-17T4 3 In September 2017, DEP filed a verified complaint and an order to show cause against Midway, seeking … warrant a plenary hearing[.] [I]t would be difficult to not come to the conclusion that . . . DEP is within its rights … believe, on that matter, that the [c]ourt determined . . . ultimately that the actions of . . . DEP in making a …
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… LLC, Salvatore Tamburo, and Daniela Tamburo (plaintiffs) commenced this action against defendants A Plus Cleaners and … Plaza argued, among other things, a deprivation of proper process because the judge bypassed the requirement that … cross-appeal, to which only plaintiffs responded. We ultimately found flawed the procedures utilized by the judge …
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… of support and contributions with updated and complete case information statements (CIS) and defendant's correct income. Dennis v. Robertson, No. A-0653-16T2 (App. Div. Jan. … for their lack of cooperation throughout the hearing and ultimately ended the hearing when the parties, especially …
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… which added a new mitigating factor for crimes committed by persons under the age of twenty-six, should be … Wawa, appeared to be passing out. The police responded and ultimately searched his car, finding a can containing four … handgun. Defendant was twenty-two years old at the time he committed these crimes. At the April 9, 2020 sentencing …
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… for him to continue to work there. When appellant complained about this, the new owner allegedly told … time ever applying for unemploymen[t] so I don’t know the proces[s] even now. However from my part I really don[']t … on the merits. In doing so, we express no views about the ultimate merits of appellant's claim under N.J.S.A. …
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… he was "just getting off of work and heading home to Lake Como." Defendant told Kelly his vehicle was a work truck and … vehicle. As defendant did so, Kelly observed "a big bulge coming out of [defendant's] left pocket." When Kelly asked … the scope of the initial traffic stop, which they did by ultimately ordering . . . defendant out of the vehicle. 7 …
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… Linda. For reasons that follow, we affirm. I. This matter comes before us for the second time. We set forth the … Linda filed suit on May 8, 2013. In her four-count complaint, plaintiff alleged that Carmine unduly influenced … to the will proved unsuccessful. While the trial court ultimately found that decedent did not share a confidential …
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… obligations under Megan's Law, N.J.S.A. 2C:7-1 to -23, and community supervision for life (CSL), N.J.S.A. 2C:43-6.4. He … showing that he would not pose a risk of harm to the community and contends that the trial court improperly … conjunction with "relevant and reliable evidence" to reach "ultimate determination of the risk of reoffense posed by the …
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… and affirm. In a nutshell, the Alliance alleged in its complaint that Gibbs and Tiver violated the Local Government … of chosen freeholders" was changed to "board of county commissioners," and the terms "freeholder" and "chosen … to their participation at the December 12, 2018 hearing. Ultimately, in March 2020, the judge presiding over the …
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… plaintiff rejected. In October 2018, plaintiff filed a complaint against defendants in the United States District … defense, he claimed that plaintiff failed to properly serve process and that the court lacked jurisdiction. Defendant … denied adequate notice, an opportunity to be heard, and ultimately due process. While the judge cannot vacate the …
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… officer got out of her marked police car and stopped oncoming traffic for plaintiff's safety. On her third attempt … get on to the curb." Once on the curb, the police officer recommended plaintiff go to the hospital. Plaintiff went to … City, as well, that run north to south. Judge Savio ultimately concluded, "giving the plaintiff the benefit of …
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… relied on the oral argument of Hughes's counsel . 2 The complaint and answer submitted to the trial court, as well … also filed a motion for leave to file a counterclaim to compel discovery and a crossclaim seeking contribution from … which so happened to name Harz as a beneficiary) and would ultimately need to be contested in order for him to inherit, …
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… misconduct." The petition alleged "[t]he [p]rosecutor committed misconduct when the [p]rosecution gave . . . … arguments and denied the petition on the record and by accompanying written decision. He summarized the relevant … lacked the capacity to alter the result. Further, Corsey ultimately pled guilty and received a favorable sentence …
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… consider the fact that his witness is indeed his wife. But ultimately, there are credibility issues that must be … by a preponderance of the evidence, that the defendant committed one of the predicate acts referenced in N.J.S.A. … are "so manifestly unsupported by or inconsistent with the competent, relevant and reasonably credible evidence as to …
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… IPC placement, noting that the placement followed the recommendation of SID, "w[ould] foster the safe orderly … provided the time to present witnesses on his own behalf." Ultimately, Lomando argued he "did not receive a fundamental … [p]rotective [c]ustody [h]earing as required by due process" and N.J.A.C. 10A:5-5.2. Lomando requested either …
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… six, nine, and thirteen at the time of the assault. After completing its investigation, the ACPO formally charged … the psychological evaluations was inconsistent, the State ultimately treated this factor as neutral. Criminal … have committed certain serious offenses' through the waiver process set forth in N.J.S.A. 2A:4A-26.1." Ibid. (quoting …
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… year prison sentence, rather than the State's recommended seven-year prison term subject to the No Early … records. The State subsequently reduced its sentencing recommendation on the aggravated assault conviction from a … effect on the outcome." Strickland, 466 U.S. at 693. Ultimately, "[a]n error by counsel, even if professionally …
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… was entered knowingly, voluntarily, and with the advice of competent counsel. On March 6, 2020, pursuant to the plea … to show the errors "had some conceivable effect on the outcome." Strickland, 466 U.S. at 693. Ultimately, "[a]n error by counsel, even if professionally …