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… and Theresa were not romantically involved, did not live together, and lacked a formal custody arrangement for 1 We use … Theresa was discharged from its program twice due to non- compliance, including the continued use of drugs, and was … the resource family. This appeal followed. II. 2 On January 26, 2017, Theresa received unsupervised visitation with Carl …
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… judgment in favor of defendant ONE Bus dismissing her complaint. We affirm. NOT FOR PUBLICATION WITHOUT THE … granting summary judgment is de novo. Graziano v. Grant, 326 N.J. Super. 328, 338 (App. Div. 1999). "[W]e review the … threaten to cut up or slice up passengers. They generally get off the bus. I don't recall any specific instances where …
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… CURIAM Upon leave granted, the State appeals from an April 26, 2017 order of the trial court denying its motion to … R. 1:36-3. December 28, 2017 2 A-4376-16T2 motion to compel a buccal swab, and granting the defense motion … "I don't know." At one point, he stated "No, it's ok. If I get paid in check and I go to the bank." Defendant was then …
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… a petition for post-conviction relief (PCR) and a motion to compel DNA testing of a hat found in defendant's minivan … and pointed it out to "Pablo."1 Pablo said, "you want to go get the chain" by stealing it. Gutierrez saw the group of … See Reldan, 373 N.J. Super. at 404 (citing State v. White, 260 N.J. Super. 531, 539 (App. Div. 1992) (finding, before …
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… someone saying, "My attorney made a mistake I didn't get effective assistance. My Constitutional right to counsel … petition by order dated December 15, 2015. She issued a comprehensive, twenty-four 5 A-3299-15T3 page written … bald assertions that had [counsel] sat next to him, the outcome of the trial would have been different." Last, Judge …
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… IF CONVICTED AT TRIAL, HE 4 A-3492-15T4 REJECTED THE PLEA RECOMMENDATION OFFERED BY THE STATE AND INSTEAD PROCEEDED TO … professional assistance." State v. Parker, 212 N.J. 269, 279, (2012) (citation omitted). Second, "a defendant … agree. Witnesses testified defendant and Frey left a bar together at 2:00 a.m., shortly before the crime. Defendant's …
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… The owner of the bar asked Pereira to leave and accompanied him outside. Later, Bruns and J.B. left the bar … about the incident and said it was unlikely they would be getting together for dinner. Bruns told Ferroni that Pereira and J.B. …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2621-18T5 IN THE MATTER OF THE CIVIL COMMITMENT OF S.A., SVP-779-18. … withholding information about his offenses or trying to "get over" on those assessing him. He still had some …
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… The parties were never married but have a daughter together, B.P.,3 who was born March 2016 in Iowa where the … and denied any force or coercion by anyone. On March 26, 2018, defendant moved to reduce his child support … defendant in violation of litigant's rights for failing to comply with the provisions of the first agreement, requiring …
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… argued the cause for respondents (Law Offices of Viscomi & Lyons, attorneys; Clifford J. Giantonio, of counsel … walk as much as he used to, and if he walks a lot, his foot gets tired and starts to hurt. Plaintiff admitted, however, … that when plaintiff returned to see him on February 26, 2014, he only had occasional soreness after therapy. …
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… capacity ammunition magazine, N.J.S.A. 2C:39-3(f), and recommend a non-custodial sentence of probation. Defendant … Defendant shouted to the other individual, "[l]et's get the fuck out of here," and entered the driver's seat of … a PTI program is given "extreme deference," State v. Kraft, 265 N.J. Super. 106, 112 (App. Div. 1993), and a trial or …
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… unexplained death is anywhere from 10 to 20 times more common when an infant is co-sleeping with somebody else," … infants' father, the judge noted his responses tended to "get as much information as he can to the [c]ourt . . . in … N.J. 596, 605 (2007) (quoting In re Guardianship of J.T., 269 N.J. Super. 172, 188-89 (App. Div. 1993)). On the other …
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… on March 30, 2011, Officer Frank Narvaez was off-duty and getting a haircut at a barber shop on Market Street in … statement, alleging it was improper for the prosecutor to comment on the credibility of her witnesses. Defense counsel … 1306, 122 L. Ed. 2d 694 (1993)). See also State v. Staples, 263 N.J. Super. 602, 605 (App. Div. 1993) (stating …
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… five years' special probation conditioned on his successful completion of the drug court program. Defendant appeals from … car." The judge found the officer "says that when he does get behind [defendant's] motor vehicle, at that point, for … of course, is plenary. State v. Hubbard, 222 N.J. 249, 263 (2015). In 2011 at the time of this stop, N.J.S.A. …
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… the police station. He was not handcuffed. His girlfriend accompanied him. Defendant was taken to an interview/coffee … defendant. The police did not use any trickery or ruse to get defendant to agree to go to police headquarters. The … years old, had at least some college, and was employed at Community Medical. The judge concluded there was "nothing in …
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… _______________________________ Submitted November 26, 2018 – Decided Before Judges Haas and Mitterhoff. On … Kaighns Avenue and Mt. Ephraim Avenue in Camden. Ruiz was accompanied by a friend, Mr. Caban. Ruiz pulled up to a gas … "hey, over there, over there." Caban was seeking to get the attention of a Camden police cruiser he not iced …
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… and its use in other cases is limited. R. 1:36-3. August 26, 2019 2 A-4462-17T3 Defendant Michael J. O'Neill appeals … 1 In his merits brief, defendant does not challenge his concomitant convictions for failure to maintain lane, N.J.S.A. … the officer confirmed: Yeah, so we, when we first get to the station we determine that there's nothing in his …
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… dispute, and the subsequent dismissal of its complaint. We affirm. I. We briefly summarize the relevant … if they ch[o]ose to. . . . [U]ntil [the] time these parties get a decision, the last legal rent in this case that has … be." Cmty. Realty Mgmt., Inc. v. Harris, 155 N.J. 212, 226 (1998) (quoting Stonehurst at Freehold v. Twp. Comm. of …
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… COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-3626-16T3 STATE OF NEW JERSEY, Plaintiff-Respondent, v. DANIEL … robbery, N.J.S.A. 2C:15-1, and second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2, after a jury trial on … lighter skin, approached the group pointing guns at them. Together, the two men robbed the entire group. The same …
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… 2 A-2207-20 Plaintiff Ronald Aguirre appeals from a March 26, 2021 order granting defendant Township of Long Hill's … motion for summary judgment and dismissing plaintiff's complaint with prejudice. We reverse and remand for trial. … his right ankle. After a few minutes, plaintiff managed to get up and limp back to the house. During his deposition, …