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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… we vacate and remand for the State to provide a compliant statement of reasons for its denial of the … in the rehabilitation of worthy defendants, and, in the process, to spare them the rigors of the criminal justice … upon [the] statutory criteria[,]" while still vesting ultimate decision[-]making authority in the prosecutor.'" …
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njcourts.gov
… from a May 17, 2023 order dismissing her domestic violence complaint and vacating a temporary restraining order (TRO) … On November 20, 2017, A.S. filed a domestic violence complaint pursuant to the Prevention of Domestic Violence … After a delay due to D.S.'s medical issues, the court ultimately scheduled and presided over a thirty-three-day …
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njcourts.gov
… later, she refused a request for a body assessment but ultimately permitted a nurse to conduct the assessment. At … the following prohibited acts: *.803/.002 (attempting to commit assault); *.012 (throwing bodily fluid at another … her actions, and capable of participating in [a] hearing process." Tillman proceeded to a disciplinary hearing on …
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njcourts.gov
… a Union County indictment with second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2(a)(1) and N.J.S.A. … Caraballo and an unidentified juvenile. The three agreed to commit an armed robbery and drove around in Caraballo's car … alleged in the light most favorable to the defendant, will ultimately succeed on the merits." R. 3:22- 10(b). To …
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njcourts.gov
… we affirm substantially for the reasons expressed in the comprehensive and well-reasoned oral opinion of Judge … Initially, Trent told DCPP caseworkers that he would not comply with "authority." Three days later, Trent told the … evidence, as well as Trent's actions and omissions, and ultimately determined Trent wanted to do what was …
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njcourts.gov
… that a different type of denture was better suited to accommodate the boney growth and recommended "a combination … seeking a second opinion from another dentist and ultimately did not finish her services with defendants, … with a new denture. Plaintiff, however, never "finished the process[], get[ting] what she paid for." The judge reasoned …
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njcourts.gov
… this outstanding bill is in no way contingent upon the outcome of any pending litigation and that I remain primarily … for payment of this outstanding bill irrespective of the outcome of any such litigation. A second document, signed the … outcome of any legal proceeding or settlement, [Persley is] ultimately financially responsible for all charges not …
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njcourts.gov
… a probability sufficient to undermine confidence in the outcome" of the trial. Ibid. "[A] court need not determine … alleged in the light most favorable to the defendant, will ultimately succeed on the merits.'" Id. at 355 (quoting R. … 154, 170 (App. Div. 1999)). A PCR petition must be "accompanied by an affidavit or certification by defendant, or …
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njcourts.gov
… 2012." Dr. Weiss diagnosed defendant with schizophrenia, ultimately concluding defendant suffered from 5 A-1798-22 … experiences to himself and, as such, his illness had not come to the attention of mental health services. At the … charge." In finding "defendant clearly understood the plea process," the PCR judge emphasized that, at the plea …
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njcourts.gov
… self-represented litigant is held to the same standards for compliance with our Court Rules. See Rubin v. Rubin, 188 … conditions and history of "severe impairments," he was ultimately found "not disabled." Additionally, the 2019 ODAR … in the judge's finding that plaintiff failed to present competent evidence to support a modification of child …
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njcourts.gov
… nineteen-year-old niece. In exchange, the State agreed to recommend a sentence of non-custodial probation. In March … ASSISTANCE OF COUNSEL, IN VIOLATION OF HIS RIGHT TO DUE PROCESS, AS HIS TRIAL ATTORNEY FAILED TO ADVISE HIM TO APPLY … Ibid. (quoting Strickland, 466 U.S. at 694). "[T]he ultimate focus 6 A-0580-23 of inquiry must be on the …
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njcourts.gov
… two May 14, 2021 orders, dismissing plaintiff's 3 A-2405-21 complaint with prejudice and denying plaintiff's motion to … Court Orders and willfully chose to frustrate the discovery process." In early 2022, plaintiff settled the consolidated … we are satisfied that the court's utilization of "the ultimate sanction" in this matter was justified. See …
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njcourts.gov
… old. Following that initial contact, defendant continued to communicate with T.B. through text message and email, … 3, 2011, defendant pled guilty to count one; the State ultimately agreed to dismiss count two and recommended a … THE CUMULATIVE I[]MPACT OF THE ERRORS DENIED DEFENDANT DUE PROCESS AND A FAIR TRIAL. 9 A-3498-19 POINT V DEFENDANT'S …
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njcourts.gov
… passenger side, holding a large knife. The hairnet did not completely obscure the man's face. Ruiz attempted to flee … . . . Gregory's testimony at the PCR hearing was less than compelling. She appeared as an unreliable witness whose … witness. Defendant contends this ineffective representation ultimately prejudiced him because he was deprived of …
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njcourts.gov
… [a] person is guilty of carjacking if in the course of committing an unlawful taking of a motor vehicle, as defined in R.S. 39:1-1, or in an attempt to commit an unlawful taking of a motor vehicle he: 4 A-3210-20 … alleged in the light most favorable to the defendant , will ultimately succeed on the merits.'" Id. at 355 (quoting R. …
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njcourts.gov
… Judge Regina Caulfield heard the PCR petition and issued a comprehensive written opinion. The court viewed the … court observed the claim was not barred by Rule 3:22-5.2 Ultimately, the court held, given our decision on direct … was ineffective for failing to object to the prosecutor's comments during closing argument that "a child understands . …
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njcourts.gov
… B. Fenningham, on the brief). PER CURIAM Mount Construction Company, Inc. (Mount) appeals from the February 23, 2022 … Wage Act (PWA), N.J.S.A. 34:11-56.25 to -56.70c, if the DOL Commissioner makes a determination that an employer has … line item. To the extent that IEW bid below the PWR, but ultimately will be required to pay the PWR, it did so at its …
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njcourts.gov
… and Mawla. On appeal from the New Jersey Civil Service Commission, Docket No. 2021-872. Donald C. Barbati argued … General, attorney for respondent New Jersey Civil Service Commission (Pamela N. Ullman, Deputy Attorney General, on … investigation, the DOC suspended appellant. The matter was ultimately transferred to the Office of Administrative Law …