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RECORD IMPOUNDED SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2731-21 STATE OF NEW JERSEY, Plaintiff-Respondent, v. BERNARDO CHAVEZ- PADILLA, Defendant-Appellant. _______________________ Submitted September 26, 2023 – Decided November 3, …
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… was unlikely to recur), nine (defendant was unlikely to commit another offense), eleven (excessive hardship), and …
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… in part. In September 2021, plaintiff filed a three-count complaint in the Law Division concerning real property … against plaintiff, and permitted defendants to answer the complaint.1 Defendants' answer and two-count counterclaim … trial court denied plaintiff's motion because it failed to comport with Rule 4:46-2(a) by neglecting to attach a …
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… a block from [defendant's] home, could [defendant] please come get him." Defendant testified that Shipley "wasn't … GLEANED FROM A WEBSITE, AFTER 6 A-4065-16T4 THE DEFENDANT COMPLETED HIS CASE-IN- CHIEF, AND WITHOUT PROVIDING NOTICE … it is plain defendant did not establish the elements of common- law necessity, which are: (1) There must be a …
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… in Judge Grimbergen's decision. We add the following comments. The Division assumed custody of Yanni and Sam from … the Division's intervention, L.Z.I. was unable to overcome the deficiencies that rendered her unable to safely … is currently in a resource home and his resource parent is committed to adopting him. Because of the severity of his …
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… LLC appeals from two Law Division orders dismissing its complaint against defendants, the Gloucester County … with prejudice. Plaintiff owns a 93,000 square foot commercial building that is currently unoccupied in Monroe … line. Apparently tired of paying these fees, plaintiff's complaint states it informed the MMUA and the GCUA in …
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… evaluations with Arnold. Based upon his review, Dr. Lee recommended that adoption by the resource parents was … with that incident. Defendants did not present any competing expert witnesses at trial. The Law Guardian for … To the extent we have not commented on any remaining points raised on appeal by defendants, they lack sufficient …
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… got a sentence for each disorder. And, again, I have to compare and contrast that to the TASC evaluator's report, … 141 (App. Div. 2011) (quoting Manalapan Realty, LP v. Twp. Comm. of Manalapan, 140 N.J. 366, 378 (1995)). "A trial … Court judge is not bound by a substance abuse evaluator's recommendation for in-patient drug treatment, the evaluation …
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… and First Indictment was thirteen years. After defendant completed his sentence on the Accusation, he was required to … System, and Inmate Grievance Forms are "utilized to address complaints and/or grievances," and are "used as a second … and First Indictment. On August 15, 2017, the DOC completed an "Additional/Amended Sentence Check Sheet" and …
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… sexual contact. In return, the prosecutor agreed to recommend the court sentence defendant to a term of … prosecutor emphasized that defendant did not present any competent evidence to support his claim that his trial …
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… that (i) counsel's assistance was not 'within the range of competence demanded of attorneys in criminal cases'; and … 16, 2016. Rule 1:3-1 provides, in pertinent part: In computing any period of time fixed by rule or court order, … to run is not to be included. The last day of the period so computed is to be included, unless it is a Saturday, Sunday …
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… in the indictment. In exchange, the State agreed to recommend that the court sentence defendant on the first … Act (NERA), N.J.S.A. 2C:43-7.2. The State also agreed to recommend that the sentences imposed by the court on the … held on February 28, 2014, defendant participated and communicated with the judge and his attorney through a …
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… defendant with various offenses arising from burglaries committed on March 25, 1997, a robbery and murder committed on March 30, 1997, and the unlawful possession of … jury found defendant guilty of third-degree conspiracy to commit burglary and theft, N.J.S.A. 2C:5-2, 2C:18-2, …
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… verification of [AA/NA] meetings, sponsor, home group and commitment," and failing to make any payment toward his … defendant offer any excuse for not reporting his ongoing compliance with treatment to the probation department. After … failure to inform the probation department of his treatment compliance. Affirmed. … STATE OF NEW JERSEY VS. ANDRON L. …
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… found trial counsel's request for an investigation and a concomitant investigation report in the regional trial file. …
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… pursuant to a plea agreement, to one count of conspiracy to commit possession with intent to distribute a controlled … GUILTY PLEA, RESULTING IN A GUILTY PLEA WHICH HAD NOT BEEN FREELY, KNOWINGLY AND VOLUNTARILY ENTERED, WHILE THE FACTUAL …
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… 1 An "open plea" is a plea "that d[oes] not include a recommendation from the State, nor a prior indication from the … N.J.S.A. 2C:44-1(a)(3) ("[t]he risk that the defendant will commit another offense"); and aggravating factor nine, … factor six, N.J.S.A. 2C:44-1(b)(6) ("defendant . . . will compensate the victim . . . for the damage or injury . . . …
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… in a telephone conference that went unrecorded. The outcome of that conference was an adjournment to April 11, … R. 2:11-3(e)(1)(E), and affirm, adding only a few brief comments. As noted, plaintiff made no attempt to file an … defendant's counsel and the court on March 17, 2014. Those communications plainly state that plaintiffs' counsel would …
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… ineffective, the Supreme Court has stated: PCR counsel must communicate with the client, investigate the claims urged by … PCR counsel had not even reviewed the file, based on comments to the court in oral argument that betrayed … on his brief at oral argument would have changed the outcome of Judge Paone's decision especially where, as here, …
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… 4 A-3688-16T2 on the record in an oral decision and in an accompanying eleven-page written statement of reasons dated … attorney failed to advise him of the parole disqualifier component of his plea and to fully explain its consequences. … oral and written decisions. We add only the following comments. The standard for determining whether counsel's …