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… THAT HIS CLAIMS OF INEFFECTIVE ASSISTANCE OF COUNSEL WOULD ULTIMATELY SUCCEED ON THE MERITS. A. Trial Counsel was … Construction Site Owner, "[i]t is simply not possible [to commit such an assault] from the layout of the house, and go … failed to properly investigate and review the case and had committed errors that cumulatively denied defendant …
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… to him. On the recording of the out-of-court identification process, the detective acknowledged that Hassler correctly … his cell phone was a "burner phone," and that "it is common for one burner cell phone to be used by more than one … to conclude beyond a reasonable doubt that the drugs which ultimately led to the victim's death were purchased from …
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… which transferred counts three through eight of its amended complaint to the Law Division. It also appeals a January 30, … favor, dismissing counts one and two of the amended complaint seeking foreclosure; and discharging an open-ended … Generally, the theory of equitable liens requires an ultimate foundation in contracts, either express or implied. …
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… from such retention." The Trust entitled Anna to its net income during her lifetime. Upon her death, the trust … his claims as exceptions to Keiser's accounting. Keiser ultimately moved for summary judgment seeking approval of … can be made without interfering with the windup process. During the windup period the trustee has a duty . . …
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… was a twenty-three-year-old high school graduate, with some community college education, living with family members and … in construction. As a juvenile, defendant successfully completed a diversion program for committing disorderly … is not unchecked because the assignment judge retains 'ultimate authority' to review the prosecutor's waiver …
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… in issue." On appeal, defendant contends that the judge "committed harmful error by denying defendant's request for a … of an existing child custody order is a 'two-step process.'" Costa v. Costa, 440 N.J. Super. 1, 4 (App. Div. … governed initially by a changed circumstances inquiry and ultimately by a simple best interests analysis," R.K., 437 …
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… DIVISION DOCKET NO. A-4532-17T3 JAMES B. NUTTER AND COMPANY, Plaintiff-Respondent, v. CAROL A. STURMER, her … made a "preliminary showing of a reasonable probability of ultimate success on the merits"; and (4) "the relative … as a request for a preliminary injunction because "[t]he process adopted in our court rules for seeking injunctive …
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… tenure charges seeking Kellish's dismissal for conduct unbecoming and NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE … benefits. Kellish never requested UCC provide her with an accommodation in her workplace during this period of … as well as the final agency action 8 A-1445-18T1 . . . must ultimately 'determine "whether the competent evidential …
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… living with a relative. She did not participate in the recommended outpatient treatment. In January 2016, the mother … children alone for fewer than two hours, during which she communicated with Yolanda by phone. Because of Yolanda's … & Family Servs. v. A.W., 103 N.J. 591, 610-11 (1986). "Ultimately, a child has a right to live in a stable, …
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… Judges Suter and Geiger. On appeal from the New Jersey Commissioner of Education, Docket No. 279-11/13. Colin M. … outlined in the statute [was] acceptable, provided that the ultimate goal of encouraging student attendance is … to a clear and unambiguous result, then [the] interpretive process is over." Richardson v. Bd. of Trs., Police & …
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… that on more than one occasion, defendant told her to come and sit on his lap. She said 5 A-0962-18T3 she sat … alleged in the light most favorable to the defendant, will ultimately succeed on the merits." R. 3:22-10(b). To prevail … a probability sufficient to undermine confidence in the outcome" of the matter. Id. at 698. A. Defendant's Decision on …
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… Although defendant again began treatment, his initial compliance soon faltered. He failed to complete the intensive outpatient program, refused to … N.J. at 453 (quoting G.L., 191 N.J. at 609). "The question ultimately is not whether a biological mother or father is a …
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… to plead to the robbery or weapons offenses [he] did not commit," his attorney "just continually told [him] to plead … pending [trial,]" during which time his attorney "did not come to see [him] in the jail," and "refused to discuss … claim he would have gone to trial. 4 The judge noted that, ultimately, after conferring with trial counsel, defendant …
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… incident was captured on surveillance video from a nearby commercial establishment and shown at trial. Defendant is … THE AGGREGATE OF THE ERRORS DENIED THE DEFENDANT DUE PROCESS AND A FAIR TRIAL. (NOT RAISED BELOW). POINT VI THE … did not impact the impartiality of the jury that was ultimately sworn and deliberated because she had determined …
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… State prison, and as a result, he obtained a court order to compel the prosecutor's office to provide him with copies of … After a three-day evidentiary hearing, the second PCR judge ultimately denied defendant's second petition. Defendant … police, and he was aware of this fact throughout the trial process. . . . . He also testified that he was not aware …
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… DEPARTMENT OF ENVIRONMENTAL PROTECTION, SITE REMEDIATION COMPLIANCE AND ENFORCEMENT, Respondent-Respondent, and DES … appeals the October 28, 2018 final agency decision of DEP Commissioner Catherine McCabe denying it a DQE, after the … that she was now reconsidering. But the gist of the ALJ's ultimate assessment of the evidence is clear and …
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… the guardianship trial began, and the court dismissed the complaint as to him. B.N. argues that plaintiff, Division of … and though she was initially open to treatment, she ultimately received none. Dr. Miller opined that B.N.'s … had been in the care of the resource mother, the attachment process had "gone forward normally and naturally as you …
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… are so manifestly unsupported by or inconsistent with the competent, relevant and reasonably credible evidence as to … contest the trial court 's finding that he 4 A-0398-18T3 committed a predicate act of domestic violence by violating … factors militating for and against an FRO and concluded ultimately that the predicate acts of contempt, viewed in …
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… one of Indictment No. 12-03-0628. The State agreed to recommend that the court sentence defendant to nineteen years … more time to prepare for trial. Defendant argues his due process rights were thereby violated, and he was "forced" to … alleged in the light most favorable to the defendant, will ultimately succeed on the merits." R. 3:22- 10(b). "'[B]ald …
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… stated: The fact that the trial counsel's strategy was ultimately unsuccessful is not dispositive and the Court's … to cure any irregularity or defect in the grand jury process any time before trial . State v. Simon, 421 N.J. … to get you." She expressed her anger. She would just make comment like "I am not going to stop until you pay. I am on …