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njcourts.gov
… 27, 2014.3 On February 18, 2015, defendant negotiated a comprehensive plea agreement with the State that resolved … the State would dismiss the remaining counts and recommend the court sentence defendant to a term of … no legal basis to disturb the PCR judge's findings and ultimate legal conclusions. The record we have described at …
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njcourts.gov
… to counts one, four, six, and seven. The plea agreement recommended a ten-year term, subject to an eighty- 3 … was pleading guilty to if he went to trial as well as the recommended sentence. Defendant indicated that he was pleading … the reasonable likelihood that his . . . claim will ultimately succeed on the merits." State v. Marshall, 148 …
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njcourts.gov
… January 15, 2021 2 A-2858-18T4 that (1) dismissed its complaint for ejectment with prejudice; and (2) denied its … Nabil El Rab. On July 31, 2017, the Landlord filed a complaint seeking a judgment of possession against El Rab. A … nearly thirty years after his tenancy began. The court ultimately determined no 7 A-2858-18T4 evidence supported …
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njcourts.gov
… counsel. Lucianna certified that there had been "a complete breakdown of the attorney-client relationship" that … June 23, 2014 trial date because he had other professional commitments. Consequently, Ashley requested the trial court … of counsel] claims involves matters of fact, but the ultimate determination is one of law[.]" State v. Harris, …
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njcourts.gov
… page written opinion. We add only the following brief comments. When parties met in 2002, defendant was living in … eventually dissolved. On July 6, 2016, plaintiff filed a complaint for joint legal and physical custody of A.K., a … A.K., who clearly enjoys the time spent with both parents." Ultimately, Judge Gramiccioni concluded that: A.K. has …
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njcourts.gov
… than originally stated, and it was agreed MGC would commit to operating the RSC property for three years, as … selling RSC's property. In January 2019, MGC retained a commercial real estate broker to market RSC's property. … and the Township could discuss acquiring the property. Ultimately, the Township, without Essex County's …
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njcourts.gov
… of a defendant's speedy- trial right contravenes due process—announced in Barker v. Wingo, 407 U.S. 514, 530-33 … bright-line try-or-dismiss rule," instead continuing its commitment to a "case- by-case analysis," under the Barker … heavily but nevertheless should be considered since the ultimate responsibility for such circumstances must rest …
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njcourts.gov
… TO THE MOTION COURT THERE WOULD HAVE BEEN A DIFFERENT OUTCOME TO THE MOTION TO SUPPRESS. POINT TWO: THE FAILURE OF … to sustain a prima facie claim of ineffective assistance or compel the need for additional fact- finding. Because an … alleged in the light most favorable to the defendant, will ultimately succeed on the merits. The mere raising of a …
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njcourts.gov
… New Jersey Department of Corrections (NJDOC), finding he committed prohibited act *.259 (failure to comply with an … was not supported by substantial evidence and that his due-process rights were violated because he was not given two … testing"). 4 See N.J.A.C. 10A:4-4.1(a)(2)(xxv). 4 A-4117-19 ultimately "failed to provide a urine sample" within the …
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njcourts.gov
… because her interactions with him caused her to feel uncomfortable. However, she went back to her previous shift in … On July 1, 2011, the DOC charged her with conduct unbecoming a public employee, N.J.A.C. 4A: 2-2.3(6), and also … the point. The record 9 A-1585-19 shows that Flax was ultimately separated from her DOC employment because she was …
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njcourts.gov
… and as an agent or employee of First Service Residential Company, Defendant-Appellant. __________________________ … sued the manager over her allegedly defamatory communication about the owner's lawsuit. As we discern no … of the vote," and her counsel presented a "valid" but ultimately unsuccessful "argument as to whether the board …
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njcourts.gov
… costs on defaulted student loans than it sought in its complaints. We vacate the provisions of the orders under … expected future legal services would include receiving and processing payments, creating monthly statements … regulations when it, in effect, shifted to Rutgers, and ultimately the Fund, the 28.5% contingency fee that must be …
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njcourts.gov
… crimes for purposes of sentencing and the State would recommend a ten-year prison term, but he would ask for a … At sentencing, the State modified the offer, reducing its recommendation to a maximum eight-year term and agreeing to … as tilting one way or the other regarding [the defendant's] ultimate sentence. Our opinion merely reaffirms that he is …
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njcourts.gov
… to five years probation, contingent upon his successful completion of drug court. The Law Division judge before … the officer explained was usually a reference to the jail's commissary. Perry checked commissary records and confirmed … in blood-spatter analysis still qualified as an expert). Ultimately, "[t]he trial court has discretion in determining …
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njcourts.gov
… arguments for our consideration: POINT I THE PROSECUTOR COMMITTED MISCONDUCT IN SUMMATION WHEN HE STATED THAT … OF LYING AND WHEN HE INFORMED JURORS THAT THEY COULD USE COMMON SENSE TO UNDERSTAND THE TERMS "PURPOSELY" AND … defendant pushed Flores and "lunged at [him] with a knife," ultimately stabbing Flores "[t]hree" times, twice "in the …
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njcourts.gov
… for post-conviction relief (PCR). We affirm. Defendant committed the underlying offenses when he was sixteen-years- … old. He was waived to adult criminal court and ultimately entered into a negotiated plea to one count of … these circumstances constituted excusable neglect to overcome the time bar. For the first time, defendant also …
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njcourts.gov
… because he "failed to investigate [his] defense" and recommended he plead guilty "when there was no factual basis … that (i) counsel's assistance was not "within the range of competence demanded of attorneys in criminal cases"; and … a reasonable likelihood that his or her claim will ultimately succeed on the merits." State v. Marshall, 148 …
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njcourts.gov
… prior record of arrests and convictions, domestic violence complaints, and an anonymous tip to Irvington police in … to corroborate the tips. The detective, using a variety of computer-based sites, verified defendant's address, phone … N.J. 103, 111-12 (1998). There must be corroboration of the ultimate allegation of criminal activity, for "without the …
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njcourts.gov
… October 2015 and November 2016, plaintiffs filed their complaints against Honeywell as the successor in interest to … for the case where the defendant is amenable to service of process and the subject matter of the dispute may be … and inexpensive," including the enforceability of the ultimate judgment. [Ibid.] Judge Cantor stated in her oral …
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njcourts.gov
… Soto. The State initially made a written plea offer of a recommended fifty-year prison term, subject to NERA, in … the State's plea offers and whether those plea offers were communicated to defendant. Defendant moved to compel trial … a reasonable likelihood that his or her claim will ultimately succeed on the merits." State v. Marshall, 148 …