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… not apply to some of the convictions, we vacated the NERA component of the sentence and remanded the matter for … at 687). To satisfy prong one, [a defendant] ha[s] to overcome a strong presumption that counsel exercised reasonable … probability" that the deficient performance affected the outcome. Fritz, 105 N.J. at 58. "A reasonable probability is a …
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… Unit (STU) where appellants are housed pursuant to civil commitments under the Sexually Violent Predator Act, … appellants' numerous factual assertions that find no support in the record. For example, appellants' brief … DOC "overstepped [its] official authority" and failed to comply with N.J.S.A. 30:4-27.34(c), which provides that …
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… hearing. We affirm. Defendant was initially charged in a complaint-warrant with second- degree robbery, N.J.S.A. … days in the county jail as a condition of probation as recommended by the State under the terms of the plea … disorder, [and] schizophrenia." Defendant's counsel filed a supporting brief, reiterating that defendant was denied …
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… cons" of this argument with defendant prior to his plea. In support of these assertions, defendant stated that his … who opined that defendant "was mentally ill at the time [he committed] the alleged offenses." The expert stated that although defendant was competent to stand trial and "could appreciate the …
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… which is an element of the offense, and is otherwise unsupported by the record. B. The trial court failed to … to do a random license plate inquiry. He used his on-board computer system, entered the plate number, and learned that … during his testimony. First, that his motor vehicle computer system advised him defendant had a DMV violation …
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… order denying plaintiffs' motion to file a second amended complaint.1 We affirm. We discern the following facts from … May 25, 2018 order. The Case Information Statement (CIS) points to orders on May 25, 2018, March 29, 2018, February … did not provide the motion papers or any appendix to support this contention. 4 A-5227-17T3 the matter to a …
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… the May 28, 2017 order denying his motion to reinstate his complaint, which had been administratively dismissed … his patently unreasonable delay in moving to reinstate his complaint, we vacate both orders and remand for … the following. In February 2015, plaintiff filed his complaint against defendants, alleging they violated the New …
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… her request that defendant pay her the $5200 sanction. She points out defendant never stated in his certification or … purported reason for denying her the subject relief was unsupported by the record. Plaintiff further maintains the … court must be satisfied that the party had the capacity to comply with the order and was willfully contumacious."). If …
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… taxes with her monthly mortgage payments to her mortgage company, which sent the payments to the Township. 4 … the expertise of the [court] in this 'specialized and complex area.'" Advance Hous., Inc. v. Twp. of Teaneck, 215 … arbitrary or there is a lack of substantial evidence to support them." Yilmaz, Inc. v. Dir., Div. of Taxation, 390 …
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… Gornowski summary judgment and dismissing plaintiff's complaint. We affirm. The following facts are taken from the … planted the tree, which caused the sidewalk to buckle and become raised. The judge found the evidence of the parties … maintained in a safe manner. In his reply brief, plaintiff points to another unpublished decision where another panel …
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… denying, without prejudice, her motion to modify the child support obligation of her ex-husband, defendant Abhijit … 2012, both parties are attorneys who "earn significant incomes" and enjoy "a high standard of living." Because the … support amount, plus $100 per week because the parties' combined income exceeded 160% of the maximum joint income …
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… assault of his eight-year-old cousin. The father is on Community Supervision for Life and he has not been permitted … been ruled out as feasible caretakers. After a guardianship complaint was filed, Dr. Zachary Yeoman conducted a … findings generally should be upheld so long as they are supported by "adequate, substantial, and credible evidence." …
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… for them. In June 2017, the Division filed a guardianship complaint seeking the termination of Kathy's parental rights … of the Division, and directing that Martin attend 2 The complaint also sought the termination of M.J. 's parental … there is substantial credible evidence in the record to support the court 's findings." N.J. Div. of Child Prot. & …
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… force. The jury further determined that defendant Dabney committed an assault and battery against Jacques and used … the conviction would not be admissible. Following the completion of Cristobal's testimony, the trial judge … the additional "false in one, false in all" charge was supported by the evidence. He determined the credibility …
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… old, N.J.S.A. 2C:14-2(b). 3 A-0928-16T3 responses were compiled in a written transcript, with the English … Double-Counted Elements of N.J.S.A. 2C:14-2(a)(2) As Support For Aggravating Factors N.J.S.A. 2C:44-1(a)(1) and … specifically, defendant's videotaped interview and accompanying English translation of the interview, the judge …
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… retirement (ADR) benefits by the amount of workers' compensation settlement proceeds he received after the … had distinct qualifying injuries for the ADR and workers' compensation settlement, we conclude the statute requires an … same injury should be offset, does not logically extend to support Letts' contention that we should now interpret the …
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… On May 12, 2017, the police sought and were granted a communications data warrant (CDW) to search defendant's phone. The supporting affidavit recounts that defendant made a phone … N.J.S.A. 2C:15-1(a)(2); second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:15-1(a)(2); …
njcourts.gov
… Specifically he argues: BECAUSE DEFENDANT FLED BEFORE HE COMMITTED ANY OFFENSE, AND BECAUSE HE WAS SUBSEQUENTLY … for defendant's arrest relative to his failure to pay child support. While on duty in plain clothes with their badges … to a fair trial, 'erroneous instructions on material points are presumed to' possess the capacity to unfairly …
njcourts.gov
… turn to extrinsic evidence, 'including legislative history, committee reports, and contemporaneous construction.'" … suspension resulting from the violation, the defendant commits a violation of N.J.S.A. 2C:40- 26(b). There is nothing in the plain language of the statute supporting a different interpretation or result. Defendant's …
njcourts.gov
… petition should be accepted as timely because he did not become aware that he was subject to deportation until June 13, … Following oral argument, Judge Ronald Reisner rendered a comprehensive thirty-seven page written decision denying …