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njcourts.gov
… probability" that the deficient performance affected the outcome. Fritz, 105 N.J. at 58. In cases such as this, … sexual assault[, N.J.S.A. 2C:14-2(c)(4)]. The State would recommend, I think, to a second-degree, but treating it as a third- degree for sentencing purposes. That we would recommend a four-year [s]tate [p]rison term, with Megan's Law, …
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njcourts.gov
… The plea agreement provided that the prosecution would recommend four years in prison without prejudice to the … that defendant was aware that the prosecutor's recommended sentence was four years in New Jersey State …
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njcourts.gov
… her decision and "kept calling a lot trying to get [her] to come back, trying to explain what happened." At one point, … the earlier incident. As they were leaving, he asked her to come to his apartment but she said no and he slammed her car … a bottle of Jack, [a]nd when he finished he was going to come up to Summit [a]nd he was going to destroy whatever was …
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njcourts.gov
… from an interlocutory order of the Division of Workers' Compensation, Department of Labor and Workforce Development, … A-2114-21 2 Ameribuilt Contractors appeals the workers' compensation judge's February 1, 2022 order disqualifying … basis of a perceived conflict between Ameribuilt's workers' compensation carrier, Travelers Property Casualty Insurance …
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njcourts.gov
… on defendant's failure to tell the police his brother was coming to pick him up. In addition, the judge found … of events inconsistent since defendant and Vincent did not communicate for hours after their last phone call at 10:57 … same sentence. On appeal, defendant raises the following points in his brief: POINT I THE STATE DID NOT PROVE BEYOND …
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njcourts.gov
… attack upon a conviction by habeas corpus or any other common-law or statutory remedy. When petitioning for PCR, … Strickland, 466 U.S. at 690. The defendant "must overcome the presumption that the attorney's decisions followed … to the reality that, but for counsel's deficiency, the outcome would have been different." State v. Allah, 170 N.J. …
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njcourts.gov
… to State v. Zuber, 227 N.J. 422 (2017). In order to comply with the mandates of Zuber, the trial judge will also … Because of that error, we found that the judge should revisit the Yarbough factors in resolving whether defendant's … a life sentence. On appeal, defendant raises the following points: 5 A-3182-15T3 POINT ONE BECAUSE WESTON WAS SEVENTEEN …
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njcourts.gov
… by order filed on May 6, 2016. Judge Blaney issued a comprehensive thirteen-page written opinion on the same date … The judge then instructed the jury: You are to totally and completely disregard the question and answer that you just … it does not seem likely that this small bit of evidence, in comparison with the remainder of the evidence against him, …
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njcourts.gov
… facts. Around 11 p.m. on July 8, 2013, Frison, in the company of friends and family, was returning home after a … on both motions was conducted before the Law Division. Upon completion, the judge granted both motions by orders dated … Thus, we consider, as the trial judge did, whether "the competent evidential materials presented, when viewed in the …
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njcourts.gov
… v. CONRAIL DEVELOPERS LIMITED LIABILITY COMPANY, a New Jersey Limited Liability Company, Defendant-Appellant/ Third-Party Plaintiff, and … the principal of the property's corporate owner, envisioned commercial spaces on the first floor of the proposed …
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njcourts.gov
… Two months later, the Division filed its guardianship complaint. The trial on the Division's complaint was conducted over the course of three days before … they relate to and overlap with one another to provide a comprehensive standard that identifies a child's best …
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njcourts.gov
… Law Division action, plaintiff Dathon Valdes filed a pro se complaint against defendants Clean Eats Meal Prep, Inc. and … the judge issued a final judgment, dismissing plaintiff's complaint in its entirety. Plaintiff now appeals pro se from … the October 7, 2019 final judgment, raising the following points for our consideration: POINT I ONCE . . . PLAINTIFF …
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njcourts.gov
… relationship had ended. On April 2, 2019, M.T.D. filed a complaint seeking an FRO. With respect to the events alleged in the complaint M.T.D. testified as follows: on March 29, 2019, he … car. M.S. denied two additional allegations in M.T.D.'s complaint: having followed him on a prior date from Cherry …
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njcourts.gov
… Nugent, Suter and DeAlmeida. On appeal from the New Jersey Commissioner of Education, Department of Education, Docket … Gurbir S. Grewal, Attorney General, attorney for respondent Commissioner of Education (Donna Sue Arons, Assistant … basketball coach, appeals from a final decision of the Commissioner of Education ("Commissioner"). The Commissioner …
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njcourts.gov
… DUE PROCESS FORM OF REDRESS. We determine that sufficient, competent evidence supported the trial court's decision and … court's legal determinations, Manalapan Realty, LP v. Twp. Comm. of Manalapan, 140 N.J. 366, 378 (1995). Contrary to … findings must be supported by a residuum of legally competent evidence. Weston, 60 N.J. at 51; see also In re …
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njcourts.gov
… sufficient to relax the time limits." Id. at 580. "Absent compelling, extenuating circumstances, the burden of … show: "counsel's assistance was not 'within the range of competence demanded of attorneys in criminal cases'; and . . … a plea after sentencing must be substantiated by strong, compelling reasons." Id. at 158, 160 (citing R. 3:2-1). …
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njcourts.gov
… argued the cause for respondent Vivian Lo, M.D. (Giblin Combs Schwartz Cunningham & Scarpa, attorneys; Christina M. … was limited to the administration and interpretation of two ultrasounds in October and December 2013, as well as the … for the moving party to remold their argument to recite the points made in the original motion." She opined plaintiffs' …
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njcourts.gov
… does not divulge whether plaintiff actually undertook the recommended repairs, or had others perform the work. After … the warranty covers "what can be described as 'structural components' only. The alleged improper construction of a … system cannot be characterized as a damage to a structural component." Further, the judge determined that "issues that …
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njcourts.gov
… 4 A-3346-17T4 vehicle stop to continue the detention after completion of the valid traffic stop," and (2) the consent … vehicle during the high-risk car stop and "kept constant communication" with defendant, the front-seat passenger, … the chief who was walking in the area, "Ma'am, can you come over here? I want to let you know that there's a, …
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njcourts.gov
… was also convicted of separate possessory firearms offenses committed the day he was arrested, May 20, 2003. He received … albeit unsuccessful, of a conspiracy count that encompassed all four robberies. Furthermore, 1 We affirmed … met the Cofield test. The court noted: [T]he defendants committed a series of nighttime robberies over the course of …