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… inadequate to counter the potential prejudice. The court ultimately concluded it "just [did not] believe that under … either the witness or the victim, both of whom were in the company of police officers" when the eyewitness made the … for an ongoing emergency. The caller was not safely in the company of a police officer recounting recent events. She is …
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… to reverse and remand this case for the trial court to complete a thorough analysis and balance of the factors that … of a defendant's speedy- trial rights contravenes due process — announced in Barker v. Wingo, 407 U.S. 5 … 7 A-5350-16T2 nevertheless should be considered since the ultimate responsibility for such circumstances must rest …
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… DIVISION DOCKET NO. A-1936-17T1 STEWART TITLE GUARANTY COMPANY, Plaintiff-Appellant, v. ALL-PRO TITLE GROUP, LLC, … prejudiced by going "through [the] entire summary judgment process [again]." Stewart's counsel responded by saying that such prejudice was outweighed by the ultimate sanction of a dismissal of the complaint with …
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… in the sum of $21,000 per year for a period of six years, commencing August 1, 2012. At issue here is Subsection … Order executed by the parties on May 18, 2012. Article IV comprehensively and meticulously describes the custodial and … the "unfortunate effect of yielding more heat than light, ultimately leaving unresolved the central issues raised by …
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… facts from the evidence presented at trial. Defendant committed three crimes in a three-day span. The first crime … I DEFENDANT WAS DENIED HIS CONSTITUTIONAL RIGHT OF DUE PROCESS TO PARTICIPATE IN HIS TRIAL BY BEING EXCLUDED FROM … a reasonable likelihood that his or her claim will ultimately succeed on the merits." State v. Marshall, 148 …
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… N.J.S.A. 2C:11-3(a)(1) and (2); second-degree conspiracy to commit burglary, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:18-2; … of a handgun. The State 4 A-2959-17T4 agreed to recommend a ten-year prison sentence, with an … she was arrested on separate burglary charges. Ibid. Ultimately, Hernandez pled guilty to the burglary charges …
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… for identity theft" in order "to absolve those who have committed crimes against [her]." Fleurantin alleged she and … lied to and that her license was suspended without legal process "so that my employer can get federal funding." She … Board was prepared to accept the document, but Fleurantin ultimately refused to turn it over. The Board pointed out …
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… 2C:14-2(c)(1) and 2C:14-3(b), in exchange for the State's recommendation, with the victim's consent, that he enter PTI … 1980). "[B]efore termination may be ordered, minimum due process requires the State to afford defendants an … plea and was familiar with the underlying negotiations that ultimately resulted in the State agreeing to defendant's …
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… opportunities to re-engage with services. To that end, he completed a psychological evaluation with Dr. Alison … for child abuse. Based on the test results, Dr. Winston recommended supervised visitation, as well as treatment … his experience and demonstrated knowledge in [his] field." Ultimately, the court credited his testimony given at trial. …
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… for the reasons stated in Judge Stephen J. Taylor's comprehensive opinion. Following a 2011 trial, a jury … Suffice it to say that the State produced outgoing and incoming 9-1-1 calls from Hinds's cellphone made during the … alleged in the light most favorable to the defendant, will ultimately succeed on the merits." R. 3:22- 10(b). Moreover, …
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… v. THE TOWNSHIP OF BETHLEHEM, THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF BETHLEHEM, THE ZONING AND … for respondents the Township of Bethlehem, the Township Committee of the Township of Bethlehem, the Zoning and … family and ADS in reaching its conclusion. 7 A-2545-20 Ultimately, the trial court found that the contested uses …
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… to this case, defendant was an attorney and an elected Commissioner of Haddon Township.1 He served in this elected … the page. Each column contains a heading that describes the process and eligibility requirements for admission into PTI. … had recommended and sued the township. When the matter ultimately settled in 2015, the law firm that September sent …
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… 80, 99 (App. Div. 2015) (quoting In re Election Law Enf't Comm'n Advisory Op. No. 01-2008, 201 N.J. 254, 262 (2010)). … "[T]he test is not whether an appellate court would come to the same conclusion if the original determination … [three] levels, with the herniation at L5-S1." The ALJ ultimately credited Dr. Berman's rationale for determining …
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… third-party investigation of the Chief, as had been recommended 1 Under this State's Open Public Meetings Act, … and document production. When that discovery was completed, the Township moved for summary judgment. In a … an outside investigation corroborating such shortcomings ultimately may have been helpful for defending, after the …
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… did not seek to discharge Cooper Electric's lien and ultimately abandoned the property under 11 U.S.C. § 554(a), … our review is de novo. Manalapan Realty, L.P. v. Twp. Comm. of Manalapan, 140 N.J. 366, 378 (1995). We turn first … judgment, levy, sequestration, or other legal or equitable process or proceeding." 11 U.S.C. § 101(36). And a 8 …
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… to establish the type of services provided to her, the compensation she provided for those services, or that the … "some legally competent evidence must exist to support each ultimate finding of fact to an extent sufficient to provide … establishes "policy and procedures for the application process . . . ." N.J.A.C. 10:71-2.2(b). "[T]o be financially …
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… second-degree sexual assault in exchange for a sentencing recommendation of an aggregate consecutive prison term of … and sixteen. The plea judge asked defendant, "[d]id you commit the offenses to which you are pleading guilty," to … alleged in the light most favorable to the defendant, will ultimately succeed on the merits." Ibid.; see also Preciose, …
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… OF SOMERVILLE, LINCOLN HOSE FIRE CO #4, and LINCOLN HOSE COMPANY, Defendants, and BRUCE VAN ARSDALE, … certain requests for admission and to seal the record. Ultimately, the court granted Van Arsdale summary judgment, … upon plaintiff's hope that the criminal or investigatory process might at a future time reveal facts supportive of …
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… A. Padovano's detailed written opinion. We only add a few comments. First, we discern no procedural infirmity in how … any egregious behavior" of any participants that would ultimately affect the decision. The Board allowed plaintiffs … and two- family homes, (3) the variances were needed to accommodate the sloped topography 10 A-3067-18T2 and corner …
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… "no legal basis . . . to disturb the factual findings and ultimate decision of the Board." He entered an order …