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… order; (3) June 30, 2021, granting plaintiff's motion to compel legal fees; and (4) October 29, 2021, granting … cross-motion. Even in the most rudimentary concept of due process, [d]efendant is correct that the [c]ourt did not … in the process of applying to schools and K[aren]'s ultimate decision to matriculate at the University of …
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… DIVISION DOCKET NO. A-2761-22 IN THE MATTER OF THE CIVIL COMMITMENT OF B.S., SVP-053-00. _______________________ … it. He later denied viewing the movie. B.S.'s furlough process was reinstated in May 2019, but two months later, it … of appropriate treatment where feasible, designed to permit ultimate release to the community." In re Commitment of …
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… Montalvo's motion to dismiss second- degree conspiracy to commit aggravated assault, second-degree aggravated assault, … we affirm the dismissal of the second-degree conspiracy to commit aggravated assault and second-degree aggravated … (1991) (quoting N.J. Trade Waste Ass'n, 96 N.J. at 18-19). Ultimately, the decision whether to dismiss an indictment …
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… timeline of events. Chavis lived in the same apartment complex as Nock. Earlier in 2015, Chavis learned that … Gross decision. Defense counsel stated that if the court ultimately decided to admit the statement, he should be … by defendant, any suppression by the State "violates due process, regardless of the prosecution's good faith." State …
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… including two counts of racketeering and conspiracy to commit racketeering, in violation of N.J.S.A. 2C:41-1, and … defendant “purposefully conspire[d] with others . . . to commit a continuing series of crimes which constitute a … Division affirmed defendant’s conviction of 10 promoting, ultimately concluding that N.J.S.A. 2C:33-30 specifically …
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… DIVISION DOCKET NO. A-2509-21 THE ALLIANCE FOR SUSTAINABLE COMMUNITIES MERCER-MONMOUTH, MARY FAHY WOEHR, and SUSAN … N.J.S.A. 40:55D-76, JDA elected to bifurcate its approval process so that the subdivision issue, as well as other … the bifurcation procedure. He replied: "If the subdivision ultimately is not 11 A-2509-21 acceptable to the Board, then …
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… weapon, N.J.S.A. 2C:39-5(b). 3 A-2581-21 case turned on the competing testimony of the only two surviving eyewitnesses: … explained she returned to headquarters after having "processed what just happened." According to defendant, Smutz … the middle of th[e] struggle with a gun being pointed and ultimately being [fired]." Further, her "eyeglasses were …
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… he was armed. We reverse the court's ruling because the competent evidence presented by the State did not establish … (count one); second-degree possession of a handgun while committing certain CDS offenses, N.J.S.A. 2C:39-4.1 (count … swiped the Detective’s hand away and began to struggle, ultimately resulting in his arrest. Under all of these …
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… in accordance with the plea agreement, the State would recommend a sentence of two consecutive five-year terms of … of the defendant indicate that the defendant is unlikely to commit another offense," N.J.S.A. 2C:44- 1(b)(9) – applied … filed a memo opposing that. The court in its discretion can ultimately do so. That's my understanding." Defendant gave a …
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… a Tier Three sex offender pursuant to the registration and community notification provisions of Megan's Law, N.J.S.A. … 74 or more, high risk." T.T., 188 N.J. at 329. The State ultimately bears the burden of proving—by 15 A-0559-23 clear … Guidelines provide that tier determinations are an "ongoing process" and "evidence of change of circumstances or in the …
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… "consists of a one-story, masonry, cold storage industrial complex comprised of approximately 72,600 square feet of … "played an essential part in the design and construction process." Id. at 403. Therefore, we concluded, consistent … N.J. 221, 230 (1999) (citing Hopkins, 132 N.J. at 439). "Ultimately, all considerations must be balanced 'in a …
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… reasons set forth by Judge Pedro J. Jimenez, Jr. in his comprehensive written decision. I. We distill the following … unreliable testimony in violation of defendant's due process rights; and (4) the court's extended term sentence … 321 N.J. Super. 154, 170 (App. Div. 1999). 17 A-1734-22 Ultimately, "[a]n error by counsel, even if professionally …
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… and the Mazawey Law Firm's1 motion to dismiss plaintiff's complaint for failure to state a claim. We affirm in part, … proceedings. I. We review the allegations in plaintiff's complaint as true and accord "every reasonable inference of … to Rule 4:5-1(b)(2), a trial court shall not order the ultimate sanction of dismissal for a party's failure in a …
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… the renter receives a four-digit personal number that, combined with the number of the renter's particular storage … and Jaremczak to initiate the warrant application process, which concluded twenty minutes later. While back in … quoting United States v. Sharpe, 470 U.S. 675, 687 (1985)). Ultimately, the lawfulness 18 A-2236-17T4 of a Terry stop …
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… the hospital, defendant told her father that something had come out of her body while she was in the basement and that … Strumolo remained concerned that a crime may have been committed at the home and believed his supervisors would … 448 (1984). "If the State can show that 'the information ultimately or inevitably would have been discovered by …
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… day and reported his belief that the Proud Mary sergeant committed official 1 Because of the location of the … if he was sure he wanted the report to go up the chain of command because "this is the type of thing that [he] can … therefore, is guided by summary judgment principles, the ultimate issue being "whether the competent evidential …
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… New Jersey Department of Environmental Protection, Spill Compensation Fund. Stuart J. Lieberman argued the cause for … Branch contends the lien contest procedures denied it due process, and the Fund was obliged to establish the … not a denial of due process, if the opportunity given for ultimate judicial determination of liability is adequate." …
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… 2C:15-1; three counts of second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2 and 2C:15-1; one count of … SHOULD HAVE BEEN EXCLUDED FROM EVIDENCE. POINT III: COMMENTS MADE BY THE PROSECUTOR DURING THE SUMMATION … a cell phone that belonged to defendant. Marson and Rivera ultimately gave statements confessing their and implicating …
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… that he was denied his constitutional right to present a complete defense because he was not permitted to explore … and hit her on the left side of her face with an open hand, ultimately placing her in a bear hug and throwing her to the … II DEFENDANT WAS DENIED HIS CONSTITUTIONAL RIGHTS TO DUE PROCESS AND A FAIR TRIAL BY THE INTRODUCTION OF EXPERT …
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… cell phone and a blue AT&T cell phone. After obtaining a Communications Data Search Warrant, the police downloaded … PREJUDICIAL AND VIOLATED HIS CONSTITUTIONAL RIGHTS TO DUE PROCESS AND TO A FAIR TRIAL. (NOT RAISED BELOW). POINT IV … Second, defendant's contention that the altercation that ultimately resulted in 12 A-5382-14T1 Spence's shooting was …