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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… FUNCTION, AS WELL AS WILLIAMS'S RIGHT TO DUE PROCESS, FOR THE PROSECUTOR TO GIVE THE SECOND GRAND JURY A … indictment substantially for the reasons set forth in his comprehensive and cogent written decision. We recently … his decision, asking if he could "go pro se." The judge ultimately finished his decision and postponed defendant's …
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njcourts.gov
… expungement of the underlying convictions and two civil commitments, defendant sought "equitable relief" from the … three separate women; and defendant twice has been civilly committed. Specifically, between September 2007 and October … his FPIC, which was returned to him when the TRO was ultimately dismissed. Thereafter, on his application for …
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njcourts.gov
… than good. On May 31, 2017, the Division filed a verified complaint to terminate defendant's parental rights and award … placement, the Division contacted defendant's mother, who ultimately adopted defendant's other two children, then one- … with defendant's brother and his family, thus necessitating processing the placement under the Interstate Compact on the …
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njcourts.gov
… 1:38-3(e). 3 A-2015-17T1 conclusions were well-supported by competent evidence. Consequently, we affirm. "Our review of … their child and termination of that right is subject to due process protections); K.H.O., 161 N.J. at 346-47. The judge … rule-out authority is always subject to the Family Part's ultimate assessment of that child's best interests." Because …
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njcourts.gov
… cases is limited. R. 1:36-3. October 30, 2018 2 A-3187-15T1 comply hearing, ordering him to list for sale property he … of appeal, it is the only order "subject to the appeal process and [our] review." W.H. Indus., Inc. v. Fundicao … Div. 1975)). Pursuant to Rule 1:10-3, in addition to the ultimate sanction of incarceration, "the court may also …
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njcourts.gov
… while married and the depletion of that source of income at the end of the marriage; failed "to consider the … five (5) calendar years. In the event that [defendant's] income exceeds [plaintiff's] income by twenty percent (20%) … support the payee, see Crews, 164 N.J. at 27, because the ultimate determination must be based not only on the amounts …
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njcourts.gov
… brain concussion, drug effects, sleep deprivation, or any combination thereof" which "is not a matter that can be … the defense could have called an expert who could have overcome the 2 Strickland v. Washington, 466 U.S. 668, 687-88, … it as inadmissible and disregard it in determining the ultimate issue of guilt or innocence). 4 State v. Kociolek, …
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njcourts.gov
… his reasonable expenses in light of his imputed income." Id. at 23. In a comprehensive written statement of reasons that accompanied … id. at 559, while here it was the central unresolved issue ultimately decided against defendant. In Quinn, 225 N.J. at …
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njcourts.gov
… DIVISION DOCKET NO. A-2251-15T1 NATIONWIDE LIFE INSURANCE COMPANY, Plaintiff-Respondent, v. MICHELE JOY THOMPSON, … Effective Date of the reinstated Policy will be the Policy Processing Day which 6 A-2251-15T1 coincides with or next … and the insured reasonably relies thereupon to his ultimate detriment, the insurer is estopped to deny coverage …
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njcourts.gov
… until he inappropriately touched her, which made her uncomfortable. As a result of the referral, the Division … developmental level of the child; the clinical interview process, which determines whether the child is able to … understanding of rules, truths and lies, and that she ultimately made purposeful disclosures in terms of the …
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njcourts.gov
… or LEED consulting services. Defendant is an owner of commercial real estate. Defendant contracted with plaintiff … these errors "essentially deprived [defendant] of its due process right to be heard 'at a meaningful time and in a … are always subject to the scrutiny of the motion judge and ultimately, to the exercise of discretion in determining the …
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njcourts.gov
… Rule 3:22- 12. We agree, and affirm. I. The following facts come from the transcripts of defendant's plea hearing and … POINT III - PSL IS AN UNCONSTITUTIONAL VIOLATION OF DUE PROCESS AND FUNDAMENTAL FAIRNESS. II. A PCR court need not … a reasonable likelihood that his or her claim will ultimately succeed on the merits." Ibid. The court must view …
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njcourts.gov
… charging Sutton and Powell with second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2(a)(1) and N.J.S.A. … TRIAL COURT DENIED DEFENDANT HIS RIGHT TO AN IMPARTIAL AND COMPETENT JURY WHEN IT FAILED TO CONDUCT ANY INQUIRY INTO … "MATCHED" ITEMS TAKEN BY THE ROBBERS WAS INAPPROPRIATE ULTIMATE-ISSUE TESTIMONY, UNHELPFUL TO THE JURY, AND HIGHLY …
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njcourts.gov
… On November 16, 2015, Cromwell filed her first verified complaint seeking Pierce's removal. She alleged that Pierce … sold. According to the certification, during the appraisal process, an underground tank was discovered on the Pine Tree … a reason to remove an executor[.]" Nevertheless, the judge ultimately found that Pierce "neglected and refused to …
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njcourts.gov
… jeans, looked in McGhee's direction, shook hands with his companion, and walked away while "clutching something" with … a gang member who had threatened him. He also admitted becoming nervous when he saw police and slapping the officer's … done so itself. Unwittingly, he expressed a view on the ultimate question of guilt or innocence. See ibid. Thus, the …
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njcourts.gov
… NOT TO BE PUBLISHED WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS EBIN NEW YORK, INC., Plaintiff; v. … diagram, drawing, invention, plan, procedure, prototype or process that: (1) Derives independent economic value, actual … to amend are to be determined without consideration of the ultimate merits of the amendment, those determinations must …
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njcourts.gov
… J.C.1 appeals from a July 23, 2021 order dismissing her complaint against defendant D.C. pursuant to the Prevention … absent an agreement by the parties otherwise, due process requires a hearing to adduce testimony from the … If a re-trial occurs, it is axiomatic that the judge has ultimate control over the mode of interrogation of the …