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njcourts.gov
… and Marczyk. On appeal from the New Jersey Civil Service Commission, Docket No. 2021-179. Michael P. DeRose argued … Attorney General, attorney for respondent Civil Service Commission (Paulina R. DeAraujo, Deputy Attorney General, on … arbitrary, capricious[,] or unreasonable, or that it lacked fair support in the evidence, or that it violated …
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njcourts.gov
… 2C:12-1(b)(4) (count four); and second-degree conspiracy to commit aggravated assault, N.J.S.A. 2C:5-2(a)(1) and … aggravating factors three (the risk that defendant will commit another offense) and nine (the need for deterring … the court found the overall sentence was not "unjust or unfair given the gravity of what occurred." The court also …
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njcourts.gov
… N.J.S.A. 2C:11-4(a)(1); second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:15-1; … BE HEARD ON THE MERITS IN THE INTEREST OF JUSTICE AND FAIRNESS. POINT IV THE PCR COURT ERRED IN NOT GRANTING … filed merits briefs in his first PCR petition. 15 A-2616-23 Lastly, because the court properly found defendant failed to …
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njcourts.gov
… LLC, attorneys for appellant (Holly T. Schepisi and Nicholas P. Whittaker, of counsel and on the brief). Surenian, … proposal, citing prohibitions against its residential component and other deficiencies. Plaintiff then submitted a … procedures." Rumson Estates, Inc. v. Mayor & Council of Fair Haven, 177 N.J. 338, 349 (2003) (quoting Levin v. …
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njcourts.gov
… on August 18, 2023 dismissing their medical malpractice complaint against several defendants, including Newark Beth … an aneurysm of the iliac artery. 3 A-0323-23 Surgery was recommended. On February 26, 2021, Mr. Pennix was admitted to … The maxim res ipsa loquitur, meaning "'the thing, or affair, speaks for itself,'" symbolizes a permissible …
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njcourts.gov
… orders. The parties were married in 1985. Plaintiff filed a complaint for divorce from defendant on February 11, 2020. … worse, the parties engaged in—were engaged in settlement communications and discussions; is that correct? [D … discussions with my client that if we could not get a more fair proposal, to accept the proposal that [plaintiff's …
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njcourts.gov
… OF THE BOROUGH OF SADDLE RIVER and THE MICHAELS DEVELOPMENT COMPANY I, LP, Defendants-Respondents. … III, argued the cause for respondent Michaels Development Company I, LP (Day Pitney NOT FOR PUBLICATION WITHOUT THE … 195-4, and approval of 1 In early 2020, the Borough, the Fair Share Housing Center and the Saddle River Investors, …
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njcourts.gov
… officers found three wax folds of suspected heroin and one plastic bag of suspected cocaine in his possession. After the … and defendant's person, because he believed defendant had committed CDS-related criminal offenses. The detective … cause for the issuance of a search warrant requires a fair probability that contraband or evidence of a crime will …
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A-16-24 Reply Brief
Briefs
njcourts.gov
… OF HUMAN SERVICES; SARAH ADELMAN IN HER CAPACITY AS COMMISSIONER OF THE DEPARTMENT OF HUMAN SUPREME COURT OF NEW … 7 Tenoco Oil Co. v. Dept. of Consumer Affairs, 876 F.2d 1013 (1st Cir. 1989) … regulatory scheme prevents the State from providing that last element of a Fifth Amendment taking - - just …
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njcourts.gov
… Smith and Perez Friscia. On appeal from the New Jersey Commissioner of Education, Docket No. 10-12/22A. Oded … appeals from the final agency decision (FAD) of the Acting Commissioner of Education (Commissioner) upholding the New … October 2012, she applied to the Department of Community Affairs (DCA), Sandy Recovery Division, for relief funds. She …
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njcourts.gov
… detected the . . . odor of an alcoholic beverage" coming from inside the truck. There were no passengers. Lt. Loos observed that defendant's eyes were "glassy and moderately bloodshot." Defendant admitted to the … 7 A-2798-22 A. The Trial Court Deprived Defendant of a Fair DeNovo Hearing Requiring Reversal B. The Trial Court …
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njcourts.gov
… Bergen County, Docket No. FV-02-0734-22. Law Office of Nicholas A. Moschella, Jr., LLC, attorneys for appellant … -35. Defendant argues the trial judge denied him a full and fair hearing by: (1) failing to administer the oath to … On October 3, 2021, plaintiff filed a domestic violence complaint, alleging defendant committed the predicate act of …
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njcourts.gov
… equipment from 33 Gregory Avenue–– located in a gated community and owned by Mimiamelia––no later than March 13, … had a . . . conversation with [] Lepore probably in the last 25 years. That's not because I don't like [] Lepore or … sit when there is "any . . . reason which might preclude a fair and unbiased hearing . . . , or which might reasonably …
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njcourts.gov
… and Susswein. On appeal from the New Jersey Civil Service Commission, Docket No. 2021-1989. Arnold S. Cohen argued the … General, attorney for respondent New Jersey Civil Service Commission (Pamela N. Ullman, Deputy Attorney General, on … is arbitrary, capricious, or unreasonable, or that it lacks fair support in the record." Allstars Auto Grp., Inc. v. …
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njcourts.gov
… for some time. On that day, defendant and his then-wife commemorated their forty-eighth anniversary by purchasing a … not find the necklace. She accused defendant of having an affair and stealing the necklace to give to his mistress. When … he had the odor of alcohol on his breath, his eyes were glassy, and he looked "disheveled." After hearing the …
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njcourts.gov
… [t]rial [c]ounsel's assistance was not within the range of competence demanded of attorneys in criminal cases or that … and affirm for the reasons expressed in Judge Blue's comprehensive and well-reasoned written opinion. We add the … but also that the deficiency prejudiced their right to a fair trial. Strickland, 466 U.S. at 687; Fritz, 105 N.J. at …
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njcourts.gov
… OF IMPRISONMENT ON COUNT NO. 6 WITHOUT MAKING AN "OVERALL FAIRNESS ASSESSMENT" PURSUANT TO STATE V. TORRES, 246 N.J. … a probability sufficient to undermine confidence in the outcome. '" Gideon, 244 N.J. at 550-51 (alteration in original) … See N.J.S.A. 2C:15-1(a)(2) and (b) (providing an actor commits a first-degree robbery by threatening another with, …
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njcourts.gov
… and was primarily used to ensure the children were completing their homework. Although the victim had never … which the victim would regularly use to take baths . It was common for other members of the household to enter to use … as a whole is misleading, or sets forth accurately and fairly the controlling principles of law." State v. Baum, …
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njcourts.gov
… (count three). Prior to trial, a motion judge rendered a comprehensive written decision denying defendant's request … IMPROPER JOINDER OF OFFENSES HE WAS DENIED THE RIGHT TO A FAIR TRIAL. 3 A-3105-21 POINT II DEFENDANT'S CONSTITUTIONAL … are as follows. Detective Tiffany Lenart worked in the Computer Crimes Unit of the Monmouth County Prosecutor's …
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njcourts.gov
… which caused his death. After defendant was served with the complaint-warrant charging him with strict liability … In exchange for his guilty plea, the State agreed to recommend defendant be sentenced to an eight-year term of … of the victim" and again found "that the plea agreement is fair and in the interest of justice and reasonable." …