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… by a mortgage on the property. Plaintiff decided to accompany the lender's real estate appraiser to the property, … She held on to the railing and she walked into the house accompanied by the appraiser. The appraiser completed her task … condition on the property. Id. at 434. Justice Handler ultimately rejected applying this approach to real estate …
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… employer and limited defendant's contact with plaintiff to communication regarding Sara's "health, education, and … [defendant] to misuse motion practice or abuse the judicial process through repetitive filing of deficient motions, to which [plaintiff] must ultimately respond and incur substantial fees." Defendant …
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… on the lack of information, counsel concluded he was not comfortable presenting an alibi "in terms of trial … as was counsel's testimony that defendant made the ultimate decision to plead guilty. The judge further … imprisonment, his plea was not knowing and voluntary. Due process requires a defendant have full understanding of the …
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… found aggravating factors three, the risk defendant will commit another offense, N.J.S.A. 2C:44-1(a)(3); six, … A sentencing proceeding is a critical stage of the trial process, State v. 12 A-3410-20 Briggs, 349 N.J. Super. 496, … alleged in the light most favorable to the defendant, will ultimately succeed on the merits." Ibid.; see also State v. …
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… threatening her life. Defendant stalked R.K. through these communications, followed her, and climbed onto the roof of … alleged in the light most favorable to the defendant, will ultimately succeed on the merits. [R. 3:22-10(b).] … in violation of the anti-stalking statute and the due process clauses contained in the United States Constitution, …
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… not find any contraband or weapons on defendant. As Woods completed defendant's pat-down, the Ford attempted to drive … four days and thereafter issued her order denying rel ief accompanied by her written decision. In her decision, the … to enter into drug court probation from which he was ultimately terminated but not returned to prison. 1 On the …
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… alleged in the light most favorable to the defendant, will ultimately succeed on the merits. [R. 3:22-10(b).] An … or omissions fell "outside the wide range of professionally competent assistance" considered in light of all the …
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… plaintiff and defendant each filed a domestic violence complaint against each other. The following month, they withdrew those complaints and entered an "agreement to enter civil … then attempted to drive away without her, but she was ultimately able to enter defendant's vehicle. A physical 4 …
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… judge's experience. 9 A-1717-15T1 sum regardless of the outcome of the trial." Malick, supra, 398 N.J. Super. at 184 … A high-low agreement governs a number of possible trial outcomes: If there is a no-cause verdict, the agreed floor … a settlement offer turns out to be more favorable than the ultimate judgment." Ibid. (citing Firefreeze Worldwide Inc. …
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… districts. Pertinent to this appeal, in August 2014, Mack commenced employment as a Delanco elementary school … she chose not to resign. Mack resigned but had difficulty completing the academic year. At some point, a Board member … found both experts credible, she determined Dr. Gollin's ultimate opinion "was based on a fulsome review of all …
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… the trial court's orders denying its motions to amend its complaint and to compel discovery. Plaintiff also appeals … compatible with what was discovered during the litigation process." Plaintiff acknowledges, as it did before the trial … already thought it through or maybe that was part of your ultimate strategy[,] but you said, look, I don't need to be …
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… well as MGM's motion seeking a determination that she had become a psychological parent of Bob. In addition to hearing … motion judge rendered his decision orally and issued an accompanying order. The judge found sufficient changed … that he did not "give them much weight with regard to [his] ultimate decision[.]" 7 A-4699-18T1 "substantial deference …
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… case are set forth at length in Judge Sara Beth Johnson's comprehensive written decision and need not be repeated here … careless driving, N.J.S.A. 39:4-97. While the officer was processing defendant, she provided defendant with the … 202 N.J. at 585. The fact that the municipal court judge ultimately found there was reasonable doubt as to …
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… for Spadaccini attested to similar academic and personal accomplishments of his client. He stated that she is currently … prosecutorial discretion by municipal prosecutors handling complaints in municipal court . . . in cases involving … it to be a trivial offense. 195 N.J. Super. at 467, 477. Ultimately, "[t]he goal of a judge in exercising judicial …
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… assistance of counsel extends to the plea- negotiation process. Lafler v. Cooper, 566 U.S. 156, 162 (2012); see … prong, an "erroneous strategic prediction about the outcome of a trial is not necessarily deficient performance." … and "attacked by a stranger in his house." Defendant ultimately was charged with first-degree robbery, second- …
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… fire lieutenants. With the approval of the Civil Service Commission, the Borough used the "existing Fire Captain … that during those years lieutenants made a demand to be compensated at a captain's rate of pay when "[acting] in the … of absent captains. The Borough denied the grievance and it ultimately was arbitrated. While the arbitration was …
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… were in a dating relationship until plaintiff filed a complaint under the PDVA seeking a temporary restraining … their child were living together when the domestic violence complaint was filed. While defendant drove plaintiff to the … the property. Defendant left but returned "two more times," ultimately leading to the police being contacted and coming …
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… the State's offer to dismiss his remaining charges and recommend he serve an aggregate sentence of 364 days in jail … assistance of counsel during the plea-bargaining process. Lafler v. Cooper, 566 U.S. 156, 162-63 (2012); … consistent with Frye and Strickland, defendant must ultimately show not only that plea counsel was ineffective …
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… cause of action. On December 23, 2019, plaintiff filed a complaint against defendant, Saraceno Properties, Inc., … (Emphasis added). 4 A-4008-19 Despite her failure to comply with N.J.S.A. 59:8-9, the court adjourned the motion … distress, periods of crying, preoccupation with death, and ultimately a hesitancy to reveal his HIV status); but see …
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… and retaliated against her for filing a workers' compensation claim. She appeals from an order granting summary judgment to defendants and dismissing her complaint with prejudice before the close of discovery. We … (citing Andersen, 89 N.J. at 493). "[P]laintiff retains the ultimate burden of 10 A-4237-19 persuasion at all times; …