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… Plaintiff-Appellant, v. GREAT ATLANTIC & PACIFIC TEA COMPANY, A&P SUPERMARKET, and HUSSMANN INTERNATIONAL, INC., … the cause for respondent Great Atlantic & Pacific Tea Company, Inc. (Marshall Dennehey Warner Coleman & Goggin, … appeal followed. On appeal, plaintiff raises the following points for our consideration: POINT I THE TRIAL COURT ERRED …
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… State v. Roach, 219 N.J. 58, 79 (2014), which supports the common sense principle that where the individual who … The proofs defendant presented simply did not overcome the presumption that counsel's representation was … at the time." Now on appeal, defendant raises the following points: POINT I THE INADEQUATE REPRESENTATION THAT …
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… sex offender treatment. Defendant also was ordered to comply with Megan's Law and was subject to Parole … Nonetheless, "[t]he concept of excusable neglect encompasses more than simply providing a plausible explanation … assertions. According to the judge, defendant "has been compliant with the terms of his [PSL] since he was sentenced …
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… Rural, removed the padlock and filed a municipal court complaint against Zukowski. Sometime thereafter, Zukowski … a disorderly persons offense, Zukowski filed a Law Division complaint against Sussex Rural and Tate (collectively … granting summary judgment to defendants dismissing his complaint with prejudice, and denying his motion to vacate …
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… not satisfy the exceptional circumstances required" to overcome the time-bar). III We analyze ineffective assistance of … witnesses to the shooting and someone other than defendant committed the murder. Defendant also submitted Field's … Rule 1:4-4(c); accordingly, defendant failed to present competent evidence supporting his claim. See State v. …
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… him guilty of, and imposing disciplinary sanctions for, committing prohibited acts *.004, fighting with another … of the religious services room when he heard loud arguing coming from the room and went to investigate. When he … got upset because he could not walk up and down stairs to complete his required paralegal work due to his disability, …
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… of evidence. We offer no opinion as to the appropriate outcome of the hearing. [Id. at 580]. On remand, Judge Joseph …
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… 157 N.J. 463, 470-71 (1999). The rule of deference is more compelling where, as here, both judges made concurrent … winding with "S turns" and a "high accident area." While we commend defendant for his work as a motorcycle safety …
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… State v. Mitchell, 126 N.J. 565, 580 (1992)). Absent compelling extenuating circumstances, the burden to justify …
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… burglary. He was on probation for these convictions when he committed his present offenses, and was sentenced to an … has been continuously incarcerated since 1990. He has committed five institutional offenses during his … "asterisk" infractions. His most recent infraction was committed in May 2013. A mental health evaluation was …
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… out of school after the eighth grade. Defendant was found incompetent to stand trial in July 2012. An April 2013 reevaluation found him competent to stand trial. The reevaluation report 3 … robbery, N.J.S.A. 2C:15- l, in exchange for a recommendation he be sentenced as a third-degree offender to a …
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… consent of both parties, the judge provided a copy of the complete jury charge for the jury. The second question was: … the mere presence language that is found in the charge on accomplice liability incorporates defense counsel's argument … 481, 522 (1994)). "'[E]rroneous instructions on material points are presumed to' possess the capacity to unfairly …
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… made certain choices, and making those choices, he committed certain crimes. There was no objection by defense … v. Siciliano, 21 N.J. 249, 262 (1956)). Here, the improper comment was brief and consisted of two sentences in the …
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… four counts of fourth-degree violation of the conditions of community supervision for life. About six months later, in … prison term of 270 days. Seeking to terminate his community supervision for life, defendant filed a pro se PCR … for endangering. Defendant subsequently filed a motion to compel interrogation of the jury to substantiate his …
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… based on his guilty plea to firearm possession while committing a controlled dangerous substance (CDS) offense, … including defendant. The affidavit also set forth communications evidencing Martin collecting money from these … going to see him today and if Martin "needs it" to come by his crib and that he is only ten minutes away. In a …
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… Alvarez and Accurso. On appeal from the Civil Service Commission, Docket No. 2012-2210. Fusco & Macaluso Partners, … Attorney General, attorney for respondent Civil Service Commission (Pamela N. Ullman, Deputy Attorney General, on … [c]onclusion." On appeal, Zaghloul raises the following two points: POINT ONE THE COURT SHOULD REVERSE THE CIVIL SERVICE …
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… probability" that the deficient performance affected the outcome. Fritz, 105 N.J. at 58. 5 A-3950-18T1 statement to the … he has not performed any of the investigations which he complains his counsel neglected, making nothing more than … evidence that a change of venue was "necessary to overcome the realistic likelihood of prejudice from pretrial …
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… motion "to file a late notice of claim . . . [and] to compel production of documents pursuant to the Open Public … HCSD be granted. On appeal, defendants raise the following points of error: POINT I THE COMPLAINT MUST BE DISMISSED … 3 In plaintiff's responding brief, plaintiff argues three points, including the request we exercise original …
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… June 11, 2019 order of the Chancery Division dismissing his complaint to set aside the last will and testament of his … her power of attorney status. In 2013, plaintiff filed a complaint in the Chancery Division for guardianship of his … guardian ad litem, concluded decedent was able to communicate and was mentally competent. Upon dismissal of …
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… lacked merit. I. In 2005, defendant engaged in internet communications with a person he believed was a … attempted luring. In exchange, the State agreed to recommend that defendant be sentenced in the third-degree … for the reasons explained by Judge Wilcox in his comprehensive written opinion. We add a few additional …