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njcourts.gov
… AT THE TRIAL LEVEL. A. THE PREVAILING LEGAL PRINCIPLES REGARDING CLAIMS OF INEFFECTIVE ASSISTANCE OF COUNSEL, … IF CONVICTED AT TRIAL, HE 4 A-3492-15T4 REJECTED THE PLEA RECOMMENDATION OFFERED BY THE STATE AND INSTEAD PROCEEDED TO … attempt to blame his own son was highly unlikely to be credited by the jury. Further, defendant would have been …
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njcourts.gov
… -1- NOT FOR PUBLICATION WITHOUT APPROVAL OF THE TAX COURT COMMITTEE ON OPINIONS … the municipality’s request. Here, this standard is inapposite to resolution of the matter since it is undisputed that … heard on an earlier date, the municipality, to counsel’s credit, proactively conducted further investigation into Mr. …
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njcourts.gov
… cause for appellant (Michael J. Palma (Law Offices of Viscomi & Lyons) and White and Williams LLP, attorneys; Michael … provided: [PPM] shall save and indemnify and keep harmless the Association[ and] its agents . . . from and against … these claims were well supported by the evidential record." Crediting defendants' version of the facts, the judge noted …
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njcourts.gov
… "a substantial likelihood existed that [McBrearty] would commit a new crime if released on parole at this time" and a … parole eligibility date to May 13, 2027, after applicable credits. In its decision, the Board rejected McBrearty's … that is more than a mere probability and considerably less than a certainty." Acoli II, 250 N.J. at 456. "The …
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njcourts.gov
… dispute in its proper context. I. Global's amended verified complaint alleged the following. Global entered into a lease … no disrespect by this informality. 3 A-1562-21 Global deposited when it executed the lease. By its terms, the lease … to waiver of the work-product privilege, the O'Boyle Court credited the "prevailing view" and wrote "the inquiry …
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njcourts.gov
… 1 NOT TO BE PUBLISHED WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS PREFERRED HOME HEALTHCARE AND NURSE … that they failed to meet their burden under the Court Rules and case law. Although the facts differ slightly because … an improper over designation. To the underlying parties’ credit, they at least attempted to limit the redactions of …
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njcourts.gov
… trial court's order dated August 25, 2021, dismissing her complaint with prejudice pursuant to Rule 4:37-2(b). The … and the plaintiff must instead 'establish the requisite standard of care and [the defendant's] deviation from … "repair and inspection" of automobile engines, Ford Motor Credit Co. v. Mendola, 427 N.J. Super. 226, 237 (App. Div. …
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njcourts.gov
… to a chemical breath test, N.J.S.A. 39:4-50.2; and careless driving, N.J.S.A. 39:4-97.1 We affirm. The facts and … this case are set forth at length in Judge Kimarie Rahill's comprehensive twenty-six-page written decision and need not … driving. The judge made detailed findings of fact, fully crediting Officer Cerro's testimony. The judge rejected the …
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njcourts.gov
… PER CURIAM In this civil action between former spouses on a complaint and counterclaim alleging "malicious prosecution" … to dismiss and dissolve the TRO and deny an FRO. Nevertheless, the judge noted he would not have issued an FRO … element of the claim. See, e.g., Brunson v. Affinity Fed. Credit Union, 199 N.J. 381, 399-400 (2009). 5 A-3744-15T4 B. …
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njcourts.gov
… of Child Protection and Permanency filed a guardianship complaint against Mae seeking to terminate her parental … We will not disturb the trial judge's factual findings unless they are "so wide of the mark that a mistake must have … problems at school; and grooming and cleanliness issues. Crediting Dr. Hasson's testimony, the judge found Mae has …
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njcourts.gov
… in 2013.1 The Division of Child Protection and Permanency commenced this action and, after a four- day trial, secured … and Anna's unfitness as parents, coupled with their troublesome parental relationship, posed a danger to the … so many services . . . still necessary." The judge also credited those expert opinions that asserted Anna was …
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njcourts.gov
… to guarantee jury unanimity, and offered the jury no lesser-included options; and (4) the seven-year prison term, … the stepdaughter testified that the things of which she complained had ended around the time she was fourteen. Yet, … We are satisfied that if the stepdaughter's testimony was credited, the jury could have found that defendant engaged …
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njcourts.gov
… This dispute arose from three underlying municipal complaints involving defendants against Koka alleging … claim. We defer to a trial judge's factual findings unless they "went so wide of the mark that a mistake must have … of probable cause. Brunson v. 14 A-0049-19T2 Affinity Fed. Credit Union, 199 N.J. 381, 394 (2009) (citing Lind, 67 N.J. …
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njcourts.gov
… in favor 3 A-4278-17T3 of Bella's, plus costs, regardless of whether funds were collected on the judgments. On … terminated the agreements. At that time, defendant had completed some, but not all, of the work for which he was … matters, the court determined Bella's was entitled to a credit of $1400. With respect to collections, the court …
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njcourts.gov
… his motion to suppress the results of the toxicological samples taken at the hospital by medical personnel during the … to get a cigarette and when he looked back up, traffic had come to a halt and he was unable to stop before hitting the … while intoxicated conviction. Defendant received an 874-day credit for time served. In addition to the mandatory fees …
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njcourts.gov
… defendant retired on October 2, 2014, and plaintiff filed a Complaint for Divorce on December 28, 2015. In October 2016, … member's pension rights are not vested until the requisite years of service are reached, noting that a retired … percent of the points representing the years of service credited, and may not exceed seventy-five percent of the …
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njcourts.gov
… and brass knuckles. On April 18, 2018, the Division filed a complaint for custody of the children. The trial court … her intake appointment, was difficult to contact, and visited the children inconsistently. DCPP referred J.A. for a … scheduled evaluations and set forth the dates. The court credited testimony from two Division caseworkers that they …
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njcourts.gov
… 2016, through prior counsel, plaintiff filed an eight-count complaint against defendants, followed by a first- 4 … appeal for failure to comply with the appellate rules. We decline to do so. We granted plaintiff's motion to … [the FHA]." In re Adoption of 2003 Low Income Housing Tax Credit Qualified Allocation Plan, 369 N.J. Super. 2, 42 …
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njcourts.gov
… was also charged with fourth-degree unlawful possession of credit cards, contrary to N.J.S.A. 2C:21-6(c)(2) (count … herrings." Defense counsel did not object to any of these comments. However, on the third occasion, the trial judge … did not object to this comment. 8 A-3817-17T2 Nevertheless, the judge called both attorneys to sidebar and told …
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njcourts.gov
… a.m.; defendant had in his possession the shotgun, some credit cards, identification cards, and a ring. Lawrence … in question defendant and his cousin spoke about wanting to commit robberies and they eventually departed in the early … the shotgun's muzzle was positively linked to the projectiles that killed Muchioki. Of relevance to the issues in this …