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njcourts.gov
… or believing portions of both, or, indeed, believing both completely, the defenses are not mutually exclusive." Ibid. … factors found by the sentencing court were not based upon competent and credible evidence in the record; or (3) "the … factors found by the sentencing court were based on competent and credible evidence in the record. The range for …
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njcourts.gov
… his former trial counsel he had filed an internal affairs complaint against the lead detective, she failed to pursue … not referenced in the record. 4 A-1059-16T4 Liberties Union complaint filed against the lead detective pertaining to the … appeal followed. On appeal, defendant raises the following points for our consideration: DEFENDANT WAS DENIED EFFECTIVE …
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njcourts.gov
… 2017), certif. denied, 235 N.J. 394 (2018). 2 The parties commenced their dissolution proceeding in January 2003, … of our previous remand orders, Mautner and Goldman filed competing appeals. Goldman III, (slip op. at 4). While those … expressed by Judge Matos Wilson. We add the following brief comments. 9 A-0067-21 The scope of our review of the Family …
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njcourts.gov
… AND DESIGNATION OF REGIONAL CENTER, CORE AND NODE COMMUNITY DEVELOPMENT BOUNDARIES FOR COASTAL PLANNING AREAS … from the February 4, 2019 final agency decision of the Commissioner, Department of Environmental Protection (DEP), accepting the State Planning Commission's (SPC) January 16, 2018 endorsement of changes …
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njcourts.gov
… TO THE MOTION COURT THERE WOULD HAVE BEEN A DIFFERENT OUTCOME TO THE MOTION TO SUPPRESS. POINT TWO: THE FAILURE OF … to sustain a prima facie claim of ineffective assistance or compel the need for additional fact- finding. Because an … prima facie case that there would have been a different outcome if they were presented. In fact, although Peterson …
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njcourts.gov
… identity. Although it was dismissed, the first count of the complaint alleges sexual abuse of a minor. Initials would be … Approximately six months later, Bell filed a third-party complaint naming Asatrian and his firm as defendants, along … just indicated. On appeal, Asatrian raises the following points: POINT I THE TRIAL COURT ERRED IN PERMITTING …
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njcourts.gov
… October 22, 2018 order of the Law Division dismissing his complaint in lieu of prerogative writ challenging the … to permit plaintiff to exhaust his administrative remedies before the Board. The court ordered that "[w]ithin 20 … writ complaint to permit plaintiff to exhaust his remedies before the Board. According to Rule 4:69-5, an action …
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njcourts.gov
… M. MAREY, Defendant, and NEW JERSEY MANUFACTURERS INSURANCE COMPANY, Defendant-Respondent. … on the brief). PER CURIAM This case involves litigation commencing after the settlement of a personal injury … 5 A-0602-19T3 On appeal, plaintiff raises the following points for this court's consideration: POINT I THE RELIEF …
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njcourts.gov
… with anything. They said they did not. Ortiz heard rustling coming from behind an area of shelving in the garden center. … not want anyone else to buy them. Ortiz asked defendant to come out from behind the shelving, but he did not move until … N.J.S.A. 2C:12-1(b)(1); fourth-degree conspiracy to commit shoplifting, N.J.S.A. 2C:5-2(a)(1) and N.J.S.A. …
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njcourts.gov
… during the marriage in 1999. He reported a minimal income from the business, which did not correspond with the … lifestyle. Plaintiff testified she believed defendant's income to be much greater than he reported due to substantial unreported cash income. She testified a "considerable amount" of defendant's …
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njcourts.gov
… v. UPPER TOWNSHIP ZONING BOARD OF ADJUSTMENT, PAUL DIETRICH, MUNICIPAL ENGINEER, and DEAN MARCOLONGO, BOARD … Holts") appeal the Law Division's order dismissing their complaint without prejudice against defendants Upper … Zoning Board of Adjustment (the Board), Board Engineer Paul Dietrich, and Board Solicitor Dean Marcolongo. Defendants …
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njcourts.gov
… in 2009, the victim heard very loud music and banging doors coming from defendant's apartment. After the victim complained to defendant, defendant's neighboring tenant, and … I understand, Judge. I believe there may have been a miscommunication when I indicated to her that I would ask for …
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njcourts.gov
… Without repeating here at length the contents of those communications, suffice it to say that they are replete with … is subject to court-ordered domestic violence restraints on communications with the victim cannot mask patent violations … 10 A-5343-14T3 communications. Even so, defendant correctly points out that the sentencing judge did not expressly …
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njcourts.gov
… municipal judge found that defendant raised his hands while completing the walk-and-turn test and defendant raised his … the Intoxicated Driver Resource Center (IRDC), thirty days' community service, one year interlock device, and payment of … the findings and result meet this criterion, its task is complete and it should not disturb the result . . . ." Ibid. …
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njcourts.gov
… for post-conviction relief (PCR). We affirm. Defendant committed the underlying offenses when he was sixteen-years- … these circumstances constituted excusable neglect to overcome the time bar. For the first time, defendant also … testify he had been bullied. Defendant raises the following points on appeal: POINT I – THIS COURT SHOULD REVERSE THE …
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njcourts.gov
… the money, D.L. asked defendant for a ride to a building complex in Elizabeth. After he took D.L. to the requested … his pockets, and threated to shoot if defendant did not comply. D.L. then took defendant's driver's license and car … case wasn't someone vulnerable as the aggravating factor points out, there was serious harm to [D.L.]. He was shot …
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njcourts.gov
… CONDOMINIUM ASSOCIATION; PNC BANK, SUCCESSOR TO MIDLANTIC COMMERCIAL LEASING CORPORATION; and JALBERT PRODUCTIONS … publication on July 7, 2016. Defendant failed to answer the complaint or file a responsive pleading. On August 16, 2017, … appeal followed. On appeal, defendant raises the following points: POINT I STANDARD OF REVIEW: ABUSE OF DISCRETION. 8 …
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njcourts.gov
… would have to file] a separate motion supplemented by a completed [Case Information Statement (CIS)] from both … child support purposes given the nature of [p]laintiff's income stream outside of W-2 income." Defendant's motion … Rule 5:5-3 still applied. And although, as plaintiff points out, the financial statement defendant provided when …
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njcourts.gov
… THERE IS A SUBSTANTIAL LIKELIHOOD . . . MCLAUGHLIN WILL COMMIT ANOTHER CRIME IF HE IS RELEASED. POINT V THE PAROLE … of purposely causing the death of another in the course of committing a crime, N.J.S.A. 2C:11-3, and one 4 A-3695-20 … to cause the death of another in furtherance of the commission of a crime, N.J.S.A. 2C:5-1 and N.J.S.A. 2C:11-3. …
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njcourts.gov
… he still filed inquiries and grievances in which he complained, among other things, he was not being given free … time in the law library. Appellant raises the following points on appeal: POINT I THE APPELLATE COURT SHOULD ORDER … argument he is entitled to certified translators, the State points to New Jersey Judiciary Language Access Plan, N.J. …