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… December 22, 2017 2 A-4757-15T3 concluded: defendant committed an act of domestic violence against his wife, … concluding plaintiff failed to prove defendant made a "communication" with the purpose to harass plaintiff, as … 5 A-4757-15T3 On appeal, defendant presents the following points for our consideration. I. THE LOWER COURT ERRED WHEN …
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… WHICH WAS PREDICATED UPON AN UNKNOWN BASIS OF KNOWLEDGE AND COMMUNICATED THROUGH AT LEAST FOUR LEVELS OF HEARSAY. We … cause determination, however, the basis of knowledge may be compensated for by a strong showing of veracity. State v …
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… (counts one and five); third-degree conspiracy to commit theft, N.J.S.A. 2C:5-2 and 2C:20-3a (count two); … (count three); and third-degree conspiracy degree to commit burglary, N.J.S.A. 2C:5-2 and 2C:18-2(a) (count … and third-degree theft by unlawful taking, by warrant complaint, N.J.S.A. 2C:20-3A. Defendant applied for …
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… the second PCR petition in an order dated August 6, 2020, accompanied by a written decision. He rejected the ineffective …
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… job "to determine if [d]efendant . . . was negligent in complying with that duty." On June 4, 2021, the jury … plaintiff must support each of the four elements with "some competent proof." Davis v. Brickman Landscaping, Ltd., 219 … and proximate cause are issues 'peculiarly within the competence of a jury.'" Arvanitis v. Hios, 307 N.J. Super. …
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… leave but would sign the document understanding it would be completed in his absence. The next day, defendant discharged his attorney and refused to complete the transaction. With that, plaintiff demanded that … occurred, plaintiff returned the keys to the restaurant and commenced this suit. At the conclusion of a two-day bench …
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… improperly bolstered by its expert witness; "the prosecutor committed misconduct in vouching for the credibility of a … on White I, the PCR judge determined any inappropriate comments regarding the credibility of a testifying co- … this procedural bar applies, the challenged claim should be compared with the prior claim to determine if the two "are …
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… of a hearing officer to impose disciplinary sanctions for committing prohibited act *.011, possession or exhibition of … security threat group "means a group of inmates possessing common characteristics, interests and goals which serve to … a threat to the safety of the staff, other inmates, the community or causes damage to or destruction of property, or …
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… a probability sufficient to undermine confidence in the outcome." Id. at 694. "[I]f counsel's performance has been so … asserts that he indicated in his certification that he communicated "specific avenues of attack to trial counsel … namely a projectile found inside a wood beam. Defendant points to no additional evidence outside of this record …
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… a probability sufficient to undermine confidence in the outcome." Id. at 694. "[I]f counsel's performance has been so …
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SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2175-19 STATE OF NEW JERSEY, Plaintiff-Respondent, v. ROCCO MALDONADO, Defendant-Appellant. _______________________ Submitted April 19, 2021 – Decided May 19, 2021 Before Judges Hoffman and …
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… seized during the execution of the search warrant and to compel the disclosure of the CI's identity. The trial court … hearing in the trial court. Instead, defendant moved to compel the disclosure of the CI's identity. We generally …
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… I: THE STATE FAILED TO MEET ITS BURDEN OF ESTABLISHING A COMPELLING EXIGENCY OR EMERGENCY SUFFICIENT TO JUSTIFY … factors found by the sentencing court were not based upon competent and credible evidence in the record; or (3) "the … return for the reduction or dismissal of certain charges, recommendations as to sentence and the like. See Roth, 95 N.J. …
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… at the FRO plenary hearing. The trial court found that L.F. committed the predicate act of harassment by driving past … parties are familiar with the previous 1 We note the TRO complaint did not allege stalking as a predicate act. 3 … are so manifestly unsupported by or inconsistent with the competent, relevant and reasonably credible evidence as to …
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… in accord with a plea bargain, the judge must find a "'compelling reason' for the 3 A-0364-18T4 sentence … oral argument on the PCR petition, defendant's attorney commented that defendant was scheduled to be paroled in … show "(i) counsel's assistance was not 'within the range of competence demanded of attorneys in criminal cases'; and …
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… dispatched to an accident scene in response to a citizen's complaint. He arrived and saw "debris in the roadway[,]" … As in State v. Locurto, the rule of deference is more compelling where . . . two lower courts have entered …
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… as the result of the non-recording of the transmitted communications. 2 State v. Driver, 38 N.J. 255 (1962). 7 … that trial counsel was ineffective for failing to move to compel the State to disclose the identity of the … for the reasons expressed by Judge Lawhun in her sound, comprehensive written decision. Defendant's arguments are …
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… plaintiff underwent hip surgery. When his physician recommended he not drive the leased vehicle, plaintiff … the vehicle when the lease term expired. Plaintiff then commenced this action, alleging a violation of the Consumer … for dismissal, and plaintiff appeals, arguing in three points that the motion judge: erroneously applied Rule …
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… N.J.S.A. 2C:44-1(b)(14) (applicable to offenders who commit crimes when under the age of twenty-six), a provision … in this case. We have duly considered defendant's other points and sub-points, and they have insufficient merit to warrant comment. …
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SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-1186-19 STATE OF NEW JERSEY, Plaintiff-Respondent, v. K.W.C., Defendant-Appellant. _______________________ Submitted January 19, 2021 – Decided Before Judges Messano and Hoffman. On appeal from …