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njcourts.gov
… an arbitration provision. Donald appeals from an order compelling him to arbitration. He argues that he is not a … Accordingly, the family court held that Donald could be compelled to arbitration as a third party bound to the 1 To … court finds that Donald is bound, then all parties can be compelled to arbitration. If the court finds that Donald is …
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njcourts.gov
… Defendant did not testify. Defendant raises the following points on appeal: POINT I THE FAILURE OF THE TRIAL COURT TO INSTRUCT THE JURY ON MUTUAL COMBAT AS A LESSER-INCLUDED OFFENSE OF AGGRAVATED ASSAULT … charge under N.J.S.A. 2C:12-1(a) for simple assault "committed in a fight or scuffle entered into by mutual …
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njcourts.gov
… on issues of law. Manalapan Realty, L.P. v. Twp. Comm. of Manalapan, 140 N.J. 366, 378 (1995). Applying these … with violating departmental rules, acting in a manner unbecoming of police officers, and disobeying an order to secure their weapons at a command post. An Administrative Law Judge (ALJ) upheld an …
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njcourts.gov
… with Helmer's law firm several years later. In his comprehensive written decision on defendant's PCR … AND THE CO- DEFENDANT'S ATTORNEY. Having considered these points in light of the record and the applicable law, we … "bald assertion . . . flies in the face of logic and common sense." We further agree with the PCR judge that …
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njcourts.gov
… the description and informed him he was the subject of a complaint by GameStop. They asked him to return to the store … the shoplifter at his store. An employee of the rental car company testified, identifying defendant as the person who … transactions connected together or constituting parts of a common scheme or plan. Relief from prejudicial joinder shall …
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njcourts.gov
… 393, 403–04 (2015) (citing Manalapan Realty, L.P. v. Twp. Comm., 140 N.J. 366, 378 (1995)). The Court in Tate … cautioned, "it is essential to elicit from the defendant a comprehensive factual basis, addressing each element of a … right to a trial in this matter. That you have the right to compel the State to prove your guilt beyond a reasonable …
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njcourts.gov
… 1 In his merits brief, defendant does not challenge his concomitant convictions for failure to maintain lane, N.J.S.A. … proved the DWI charge and that the State failed to prove by competent evidence the twenty-minute observation requirement … period anew. [id. at 79.] 5 A-4462-17T3 The State, in compliance with the Court's prescription that …
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njcourts.gov
… the representation less than adequate nor prejudiced the outcome. Thus, we reverse. The familiar Strickland v. … that the representation he or she received was less than competent and that the deficiency prejudiced his or her … probability that the alleged deficiency affected the outcome. Pierre, 223 N.J. at 583. Failure to conduct an …
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njcourts.gov
… probability" that the deficient performance affected the outcome. Fritz, 105 N.J. at 58. Under those standards, we find … the proper language for a certification in lieu of oath, in compliance with Rule 1:4- 4(b), appeared above T.M.'s … [defendant] because he made $60,000 a year. She wanted to become a legal citizen and after she did she was trying to get …
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njcourts.gov
… PCR petition was withdrawn without prejudice pending the outcome of the appeal. In 2017, we affirmed defendant's … court denied the petition following oral argument. In its comprehensive written opinion, the PCR court found that … issue was that defendant certified he would have been "'compelled' to accept the State's (non-existent) plea offer." …
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njcourts.gov
… Lupo appeals from a May 2, 2016 order denying his motion to compel an inspection of defendant Albert H. Wunsch, III's firm's computer hard drive, and a July 22, 2016 order granting … a matter of law." Burnett v. Gloucester Cty. Bd. of Chosen Freeholders, 409 N.J. Super. 219, 228 (App. Div. 2009). …
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njcourts.gov
… 2005). As to this last point—the imposition of a duty—the common law on premises liability for residential property … Prior to 1981, our courts did not distinguish between commercial or residential property owners. That is, commercial and residential property owners in this State, at …
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njcourts.gov
… found there was a substantial likelihood Presher would commit a new crime if released on parole at this time. The … as a mitigating factor. Presher also asserts that he has completed over 11,250 hours of job training while imprisoned … "normal life." "Parole for a conviction imposed on offenses committed before August 18, 1997, 'is governed by the …
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njcourts.gov
… 2018 Family Part order denying her post-judgment motion to compel plaintiff Lawrence R. Berkowitz to contribute to … in 1988 and Zachary, born in 1992. The children have now completed college and are emancipated. The parties were … and cross-appeal followed. Defendant raises the following points: I. THE TRIAL COURT ABUSED ITS DISCRETION IN FAILING …
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njcourts.gov
… dispute, and the subsequent dismissal of its complaint. We affirm. I. We briefly summarize the relevant … v. Harris, 155 N.J. 212, 226 (1998) (quoting Stonehurst at Freehold v. Twp. Comm. of Freehold, 139 N.J Super. 311, 313 (Law Div. 1976)). A …
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njcourts.gov
… and Gilson. On appeal from the New Jersey Civil Service Commission, Docket Nos. 2017-2823 and 2018-0259. Levin … Attorney General, attorney for respondent Civil Service Commission (Melissa Dutton Schaffer, Assistant Attorney … final administrative agency decision of the Civil Service Commission (Commission), which denied his appeal of certain …
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njcourts.gov
… FRATERNAL ASSOCIATION OF NEW JERSEY, STATE TROOPERS NON- COMMISSIONED OFFICERS ASSOCIATION OF NEW JERSEY, STATE … System (PFRS) before enrolling in the SPRS. Prior to becoming a State Trooper in 1993, Pokorny was employed as a … of Corrections for two years and ten months prior to becoming a State Trooper in 1987. Zamrock was employed by the …
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njcourts.gov
… for post-conviction relief (PCR). He argues the following points: POINT I THE PCR COURT ERRED IN NOT HOLDING AN … Construction Site Owner, "[i]t is simply not possible [to commit such an assault] from the layout of the house, and go … failed to properly investigate and review the case and had committed errors that cumulatively denied defendant …
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njcourts.gov
… the following point to us: POINT I BECAUSE TRIAL COUNSEL COMPETENTLY ADVISED DEFENDANT REGARDING EXTENDED TERM … they were experienced attorneys who recalled regularly communicating plea offers and possible sentencing outcomes with their clients. Defendant's last trial counsel, …
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njcourts.gov
… A separate escrow agreement was prepared but never completed. It had no signature page and did not list the … to Maria, who then registered them with the Motor Vehicle Commission in her name. For the next few years, defendant … titles. 6 A-1340-17T3 In 2006, defendant filed a verified complaint in the Chancery Division against Herb and Doris …