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… 2C:24-4(a)(2) (count four); and second-degree conspiracy to commit burglary, N.J.S.A. 2C:5-2(a)(1) (count five). The … INTENT, DENYING DEFENDANT A FAIR TRIAL AND DUE PROCESS. U.S. CONST., AMENDS. VI, XIV; N.J. CONST., ART. I, … and instead, "was just walking like everything was fine." Ultimately, no witness testified the dog alerted police …
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… determined that an 2 Alma does not speak English and communicated with the hospital staff and Division … did not do it to herself. He opined that swelling would become evident within twelve hours of injury. However, … that discrepancy does not undermine the trial court's ultimate finding, for three reasons. First, the court was …
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… Defendant was born and raised in Haiti and has limited command of the English language. Due to difficulties in communicating with defendant, the officers requested another … alleged in the light most favorable to the defendant, will ultimately succeed on the merits." Ibid. "A court shall not …
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… 37. She appeals from the trial court's order dismissing her complaint in lieu of prerogative writs. Renewing arguments … twenty-percent coverage that is permitted. The Board ultimately granted AutoZone a variance that permitted it to … Lynch Ford affirmed the Board's decision and dismissed the complaint. In reviewing that decision, we apply the same …
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… ownership interest therein due to his alleged hostile and combative behavior towards them and his company's default on a loan from CCH. This led to three … decisions whether it be in litigation, business, etc." Ultimately, the judge determined Kasolas and Brach Eichler …
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… accepted the guilty pleas, finding that "defendant [was] competent," and that "[t]he pleas [were] being made freely, … to game the system, but not with skepticism, for the ultimate goal is to ensure that legitimate disputes about … the advantages both sides receive from' the plea-bargaining process, '[courts] recognize that the vast majority of …
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… appeals the April 30, 2018 order dismissing his complaint against defendants Morgan Realty & Development, … cause of his damages. Therefore, we affirm dismissal of the complaint, but on grounds different from the trial court. … informal written decisions, or reasons given for the ultimate conclusion"). I. In October 2012, plaintiff owned a …
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… Defendant was convicted of second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:15-1(b); … addressed on the merits, and rejected on direct appeal. Ultimately, the PCR court concluded defendant failed to … than reasonably necessary to facilitate the identification process, lasting fifteen minutes. Therefore, the PCR court …
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… of his alimony obligation based on a reduction of his income following his retirement. The Family Part granted the … erred by considering his retirement account, and the income earned from the account, in its calculation of the … Id. at 13. We did not "express an opinion regarding the ultimate [alimony] award, leaving that determination to the …
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… DIVISION DOCKET NO. A-4441-19 IN THE MATTER OF THE CIVIL COMMITMENT OF A.P. _________________________ Submitted May … following points for our consideration: POINT I A.P.'S DUE PROCESS RIGHTS WERE VIOLATED WHEN THE TRIAL COURT DENIED HER … Super. 197, 202-03 (App. Div.1990)). "Whether to impose the ultimate sanction of exclusion is guided by whether there …
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… a jury in Tennessee of assault and battery with intent to commit rape and burglary. He was sentenced to ten to twelve … be applied to defendants whose underlying convictions were committed prior to January 17, 2014. State v. Hester, 233 … alleged in the light most favorable to the defendant, will ultimately succeed on the merits.'" Id. at 355 (quoting R. …
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… possession of a firearm while in the course of committing a violation of N.J.S.A. 2C:35-5(a)(1), N.J.S.A. … Court (now known as Recovery Court) and provided for a recommended alternative sentence of concurrent six-year terms, … alleged in the light most favorable to defendant, will ultimately succeed on the merits. In turn, Rule 3:22-10(c) …
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… enforcement officer personally served defendant with the complaint and TRO the same day. Defendant acknowledged … [whereby] the continued enforcement of the injunctive process would be inequitable, oppressive, or unjust, or in … support in the record. See Cesare, 154 N.J. at 412. Ultimately, the motion court found "that an overall …
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… Defendant also submitted claims to health insurance companies for services he did not perform. In May 2016, … plea offers, "a defendant must show the outcome of the plea process would have been different with competent advice." … a reasonable likelihood that his or her claim will ultimately succeed on the merits." State v. Marshall, 148 …
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… the development of a townhouse project. The project was not completed, and Harbor, LLC defaulted by failing to repay the … lent and the fair market value of the foreclosed property. Ultimately, on February 19, 2021, Amboy obtained a final … next seven months, representatives of Harbor, LLC and Amboy communicated about modifications to the loan agreement and …
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… WASHINGTON HOLDINGS, LLC, a New Jersey Limited Liability Company, Defendants. _______________________ Argued April … He did not control the speed of the bank's complaint review process. Only after the bank completed its review could … identified other evidence that might be relevant to the ultimate question, including account statements and …
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… I. In 2003, Cicalese became subject to Megan's Law and community supervision for life as part of his sentence for … incarcerated. But Watkins said that he did not swear out a complaint warrant against Cicalese for failure to notify … police department "of a change of address as required." Ultimately, the jury found defendant guilty of the …
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… N.J.S.A. 2C:43-3.2, and $50 to the Violent Crimes Compensation Board, N.J.S.A. 2C:43-3.1. This appeal … findings so long as they are supported by sufficient competent evidence in the record, State v. Reece, 222 N.J. … 318 N.J. Super. at 395, but the Township bore the ultimate burden of proof defendant violated an ordinance …
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… search warrant for Room 108. While they were beginning the process of obtaining a search warrant, Ms. Simpson arrived … and a .357 Magnum Herman Weihrauch revolver, during the commission of a drug offense, N.J.S.A. 2C:39-4.1(a) and … activity, if the prosecution can show that 'the information ultimately or inevitably would have been discovered by …
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… child to suffer from neonatal abstinence syndrome (NAS), commonly known as withdrawal, in the days after her birth. … before the court. 6 A-5600-18 The Division filed a verified complaint against N.S. in the Family Part for care, custody, … v. Brown, 170 N.J. 138, 147 (2001)). In addition, the "ultimate objective of a trial" is "the determination of the …