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… DEFENDANT'S FIFTH AMENDMENT RIGHTS, AND/OR THE NEW JERSEY COMMON LAW PRIVILEGE AGAINST SELF-INCRIMINATION. POINT IV … standardized field sobriety tests. Defendant failed to comply with Gordon's instructions by miscounting the number … consequences of a refusal to submit to a breath test. When ultimately asked whether he would submit to breath samples, …
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… . . . [D]efendant ignored several traffic signals and committed multiple motor vehicle violations. When . . . … charge of third-degree eluding. In exchange, the State recommended a two-year probationary sentence and agreed to … disregard for her safety and the safety of others." Ultimately, the court determined the prosecutor's rejection …
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… of Labor and Workforce Development, Division of Workers' Compensation, Claim Petition Nos. 2007-31369 and 2009-2736. … the February 20, 2018 order of the Division of Workers' Compensation (Division) imposing a penalty, attorney's fees, … agency decision with deference, and will not reverse the ultimate determination of an agency unless the court …
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… use variance and site plan approval. After the NJSEA staff commenced public hearings, MEPT withdrew its application … are often discovered and exposed during the hearing process. After all, the fundamental purpose of a hearing is … here, we discern no reason to conclude the Board's ultimate decision to deny appellant's motion was arbitrary, …
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… appoints the majority of the Turnpike Authority's Board of Commissioners and designates the Chairman and Vice Chairman, … State," initially received the property. The purchased site comprises approximately 397.47 acres, but does not include … timely appealed the decision to the Tax Court, which ultimately ruled in favor of defendant on summary judgment. …
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… pursuant to Rule 3:25-3, defendant moved to dismiss the complaints containing the charges that were later subsumed … "[d]elays of scheduling and other failures . . . of the process for which the trial court itself was responsible are … of one or some of the factors is not conclusive of the ultimate determination of whether the right has been …
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… hearing, Judge Charles Middlesworth, Jr. issued a comprehensive Memorandum of Decision on September 11, 2009, … ineffective performance affected the outcome of the plea process, namely, defendant must show that a reasonable … demonstrate a reasonable likelihood that he or she will ultimately succeed on the merits. State v. Marshall, 148 …
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… AT LAW, LLC, Plaintiff-Appellant, v. THE HARTFORD INSURANCE COMPANY OF THE MIDWEST, Defendant-Respondent, and SUBURBAN … contained any deficiencies or that it "was not going to be processed[.]" According to the broker, Hartford normally … a written decision. In its written decision, the court ultimately found Hartford's May 31, 2011 letter "sufficient …
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… that defendant employed "a screw and/or a shank" in the commission of the crimes, elevating the attempted escape and … burglary, drug possession, and resisting arrest. Devine was ultimately sentenced to Drug Court instead of prison. Devine … length of that term, sentencing courts follow a four-step process: (1) determine whether the minimum statutory …
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… relative to our determination. Upon a report of citizen complaints that there was a dead body in defendant's … "that fucking bitch" and urinating in his pants. The search ultimately lead to the discovery of human remains, later … victim had a "volatile" relationship, including assaults committed by E.G.-J. upon him. 1 Miranda v. Arizona, 384 …
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… to a new trial based upon newly discovered evidence. In a comprehensive oral opinion issued on January 8, 2016, Judge … change the essence of the claims set forth and that were ultimately decided by the Appellate Division." … the petition's procedural defects, "for purposes of completeness[,]" Judge Moynihan also addressed the merits of …
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… The crimes in both cases were second-degree crimes and were committed in Middlesex County. In both cases, the prosecutor … the waiver provision, a one year parole disqualifier as a component of the sentence. The State argues that the … of which available option to choose when fashioning the ultimate sentence. This was error, and on remand, it is the …
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… judgment to the Borough that had dismissed plaintiff's complaint "seeking remedies for a regulatory taking" by … "[t]he parties then continued with the eminent domain process including a commissioners' hearing, the exchange of … obtained." This is "a consideration of the 12 A-2965-15T2 ultimate substantive outcome in a case relative to the …
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… delivered to the LBOE on or before September 15, 2011; (c) Commencing on October 1, 2011[,] and continuing for … effect of undermining public confidence in the settlement process in general, should not be countenanced." Dep't of … "permit a broad use of extrinsic evidence to achieve the ultimate goal of discovering the intent of the parties." …
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… and Permanency (the Division) filed a guardianship complaint naming both parents as defendants. Judge Linda … they relate to and overlap with one another to provide a comprehensive standard that identifies a child's best … by J.J. to prove his positive efforts to parent X.J.W. She ultimately found that evidence to be outweighed by J.J.'s …
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… been chronically pulled for at least two to three months, commencing around the time the mother first noted the baby's … to N.J.S.A. 9:6-8.29(a). Following the filing of a verified complaint and order to show cause, on April 9, 2013 the … and the baby were together. Of significance to the court's ultimate findings, defendant A-1224-15T3 7 mentioned he …
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… ESQ., Defendants-Respondents, and FRAZER EVANGELISTA & COMPANY, LLC, and RALPH J. EVANGELISTA, Defendants. Argued … who had allegedly improperly diverted funds from the company (the underlying action). Plaintiff Matilde … and that [collection] case was still ongoing until it was ultimately [resolved ten] months later. That is an …
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… of his rights, and thereafter provided a different, but ultimately incriminating, account of what occurred. … The law provides that a person is guilty of an attempt to commit a crime if the person purposely does anything … step in the course of conduct planned to culminate in the commission of the crime. . . . . The substantial step taken …
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… personality traits, and her overall ability to parent was compromised. The psychiatric evaluation revealed the mother … & Family Servs. v. I.S., 202 N.J. 145, 151 (2010) ("The process for terminating parental rights is a difficult and … but she did not consistently participate and A-3983-15T1 11 ultimately refused to engage in therapy. She also refused to …
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… Alvarez and Accurso. On appeal from the Civil Service Commission, CSC Docket No. 2014-480. Caruso Smith Picini, … Attorney General, attorney for respondent Civil Service Commission (Todd A. Wigder, Deputy Attorney General, on the … system) 3 A-3282-14T1 software "interesting," but ultimately irrelevant as she was without information as to …