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… in Judge Grimbergen's decision. We add the following comments. The Division assumed custody of Yanni and Sam from … Yanni in a resource home. S.T.W. assumed custody of Sam. Less than three weeks later, however, S.T.W. was arrested … to the doctor. Therefore, Judge Grimbergen was unable to credit Dr. McNiel's testimony on this point. In her …
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… 11, 2011; an amended judgment reflecting additional jail credits is dated January 20, 2012. 3 A-3814-18 POINT III THE … 387, 400 (App. Div. 2013); R. 3:22-12(a)(1)(A). "Absent compelling, extenuating circumstances, the burden to justify … co-perpetrator who testified against defendant, has completed the probationary sentence imposed for his plea to …
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… charges would delay his eligibility to apply to end his community supervision for life (CSL), which had been imposed … ASSISTANCE OF TRIAL COUNSEL. A. The Prevailing Legal Principles Regarding Claims Of Ineffective Assistance Of Counsel, 4 … sentenced to 364 days in jail, which after 404 days of jail credit was essentially time served. Finally, we reject …
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… required Haviland to spend most of the day sitting behind a computer. In 2012, Haviland began to exhibit various … 2011). An agency determination should not be reversed "unless it is arbitrary, capricious or unreasonable or it is … under [sixty] years of age, who has [ten] or more years of credit for New Jersey service, shall, upon 6 A-0944-19 the …
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… CBS OUTDOOR, INC., STATE OF NEW JERSEY, PROPONENT FEDERAL CREDIT UNION, UNITED STATES OF AMERICA, JOHN SMITH, VALLEY … where defendant resided. The Bank filed a foreclosure complaint, and defendant answered. Subsequently, defendant … the sound discretion of the trial judge, guided by principles of equity. Hous. Auth. of Morristown v. Little, 135 N.J. …
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… his son testified at the suppression hearing. Judge Blaney credited the testimony of Officer Falcicchio over that of … EXECUTE AN UNRELATED ARREST WARRANT, AS WELL AS THE WARRANTLESS SEARCHES THAT FOLLOWED, NECESSITATE SUPPRESSION OF THE … Was Predicated Upon Evidence Retrieved During a Warrantless Search of Pants Pockets and Use of a Mobile Fingerprint …
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… statements and pay one-third of his net monthly income to probation, so it could apply those payments to more … without further order of the court if plaintiff failed to comply. Hence, the September enforcement hearing was … Judge McDonald left unanswered the future disposition and crediting of SSI benefits. We reject these contentions, …
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… reasons expressed by Tax Court Judge Joshua D. Novin in his comprehensive written opinion that properly applied the law … v. City of Passaic, 100 N.J. 408, 413 (1985), was not overcome by Empire as required by Ford Motor Co. v. Twp. of … office to one of the warehouses. However, the judge credited the expert's methodology for determining rental …
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… car cross the center line again before it came to a complete stop. After defendant provided the trooper with … due to insufficient space in that area. The motion judge credited the trooper's testimony and found his dash cam … of Necessity in Criminal Law: The Right to Choose the Lesser Evil , 65 J. Crim. L. C. & P.S. 289 (1974)); see …
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… guilty of the infraction and imposed a ninety-day loss of commutation credits and a fifteen-day loss of recreational privileges. … raises two interrelated procedural claims: (1) he received less than the required twenty-four-hour notice before the …
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… (count six); second-degree possession of a handgun while committing a drug offense, N.J.S.A. 2C:39-4.1(a) (count 3 … and provided truthful answers. The plea court also credited defendant's testimony that his trial attorney … contrary to the terms of the plea agreement. Nonetheless, the sentencing court imposed consecutive sentences in …
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… possession of a weapon for an unlawful purpose. 3 The FET commenced on Vasquez's parole eligibility date of March 3, … will be reduced by commutation, work, and minimum custody credits. Accordingly, Vasquez's projected parole eligibility … the Board's decision if it applied the correct legal principles and its factual findings are supported by sufficient, …
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… v. Blake, 444 N.J. Super. 285, 294 (App. Div. 2016), we are compelled to reverse and remand this matter for an … probability" that the deficient performance affected the outcome of the proceeding. Fritz, 105 N.J. at 58. A defendant's … in analyzing the Slater factors: "[T]he [c]ourt does not credit [defendant's] current claim that he was not . . . …
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… in light of the record and applicable legal principles, we affirm. On September 29, 2006, defendant executed an interest-only adjustable rate note to TBI Mortgage Company. The note was secured by a mortgage held by Mortgage … in Plainsboro, New Jersey. He had procured a line of credit from E*Trade Bank in June 2005 which was secured by a …
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… those reasons, we will not overturn an agency decision "unless there is a clear showing that it is arbitrary, … we overturn an agency decision merely because we would have come to a different conclusion. In re Stallworth, 208 N.J. … Should a member, after having established [ten] years of creditable service . . . be separated voluntarily or …
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… with appellant on September 14, 2018 reported to the shift commander that appellant stated: "I'm gonna f--king kill … "must be held responsible for the words he speaks, regardless if he made [the statement] out of frustration or if he … guilty of the charges, the hearing officer plainly credited the psychiatrist's version. The threat was to kill …
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… In 1985, Blackmon was under the influence of Phencyclidine, commonly known as PCP, when he restrained, sexually … after reduction for commutation, work, and minimum custody credits. On appeal to the full Board, Blackmon, in addition … the record in light of the applicable legal principles, we affirm the Board's well-reasoned final agency …
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… long psychiatric history, including her record of non-compliance with mental health services. Defendant 6 … the caseworker "she believed it was optional for her to comply with mental health services." Crediting the opinion of Dr. Katz, the judge noted defendant …
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… DOCKET NO. A-1897-18T4 ALLSTATE NEW JERSEY INSURANCE COMPANY, ALLSTATE INDEMNITY COMPANY, ALLSTATE NEW JERSEY … evidence is largely testimonial and involves questions of creditability." Ibid. (quoting Seidman v. Clifton Sav. Bank, … factual findings and legal conclusions of the trial judge unless [we are] convinced that 4 A-1897-18T4 they are so …
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… Civil Part judgment following a bench trial, dismissing his complaint with prejudice NOT FOR PUBLICATION WITHOUT THE … 4 A-1286-18T1 driving that type of bus.1 Instead, the judge credited Laday's version that he was "straddling both lanes, … N.J.R.E. 101(a)(2)(A) permits the relaxation of the rules of evidence in the Special Civil Part "to admit relevant …