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- A-3912-19 Opinionnjcourts.gov… counsel and counsel filed an amended petition, as well as a supporting brief. On January 31, 2020, the PCR court heard … ten years. In short, the material indisputable facts do not support defendant's argument. It is also important to … only if he or she establishes a prima facie showing in support of the petition, "there are 'material issues of …
- A-1387-19 Opinionnjcourts.gov… benefits as of April 28, 2019. In a May 22, 2019 determination, the deputy director of Unemployment Insurance … N.J. 197, 210 (1997). "If the Board's factual findings are supported 'by sufficient credible evidence, [we] are obliged … come to the same 8 A-1387-19 conclusion if the original determination was [ours] to make, but rather whether the …
- A-0942-17T2 Opinionnjcourts.gov… PCR counsel subsequently filed an amended petition with a supporting 5 A-0942-17T2 brief. Defendant maintains that his … advis[ing] the trial judge so that a favorable argument in support of a concurrent sentence could be 9 A-0942-17T2 made … assert the facts that an investigation would have revealed, supported by affidavits or certifications based upon the …
- A-4708-17T3 Opinionnjcourts.gov… the issue" that his "factual basis was insufficient to support the fourth - degree stalking conviction." On August … did defendant assert such a claim in his PCR petition or supporting certification. We also reject defendant's … only when he or she "'has presented a prima facie [case] in support of [PCR,]'" meaning that "the defendant must …
- A-0748-15T2/A-1831-17T2 Opinionnjcourts.gov… "[F]indings by the trial court are binding on appeal when supported by adequate, substantial, credible evidence." … n.4 (App. Div. 2012). 5 A-0748-15T2 court's credibility determination[s] and the judge's feel of the case based upon … Settineri, (slip op. at 11). This included the court's determination that plaintiff is entitled to receive half of …
- A-1728-16T3 Opinionnjcourts.gov… the grievance. Mandato did not seek arbitration of that determination. II. On March 23, 2015, Mandato filed an unfair … scope of our review of an administrative agency's final determination is strictly limited. In re Stallworth, 208 N.J. … capricious or unreasonable, or that it lacked fair support in the evidence." Thurber v. City of Burlington, 191 …
- STATE OF NEW JERSEY VS. TROY LEEPER (17-07-1914, CAMDEN COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… under the abuse of discretion standard the PCR court's determination to proceed without an evidentiary hearing." … when: "(1) the defendant establishes a prima facie case in support of PCR; (2) the court determines that there are … in itself." Ibid. Instead, "it is a factor in the court's determination whether there is a reasonable probability that, …
- STATE OF NEW JERSEY VS. STEPHEN P. MAROLDA (06-08-1382, BERGEN COUNTY AND STATEWIDE) - Published Opinionsnjcourts.gov… against his wife dismissed for the benefit of her and their children. On February 24, 2006, defendant entered into a … by electronically monitored home detention and the early termination of probation after eighteen months if defendant … during the plea hearing was fiction. The petition was supported by several certifications, including the …
- njcourts.gov… ] … 2 … . … STANDARD OF PROOF FOR PUNITIVE DAMAGES … To support an award of punitive damages here, you must find … to the consequences of that act. In making your determination as to whether that [ retaliatory ] conduct of [ … to the consequences of that act. In making your determination as to whether that [retaliatory] conduct of …
- njcourts.gov… to be awarded as a “deterrence to others” was deleted. ] To support an award of punitive damages here, you must find … to the consequences of that act. In making your determination as to whether the [discriminatory/harassing] … to the consequences of that act. In making your determination as to whether the [discriminatory/harassing] …
- A-4556-19 Opinionnjcourts.gov… against his wife dismissed for the benefit of her and their children. On February 24, 2006, defendant entered into a … by electronically monitored home detention and the early termination of probation after eighteen months if defendant … during the plea hearing was fiction. The petition was supported by several certifications, including the …
- njcourts.gov… under the abuse of discretion standard the PCR court's determination to proceed without an evidentiary hearing." … when: "(1) the defendant establishes a prima facie case in support of PCR; (2) the court determines that there are … in itself." Ibid. Instead, "it is a factor in the court's determination whether there is a reasonable probability that, …
- njcourts.gov… (2019). We briefly set forth the facts material to our determination. Defendant's conviction arose from the January … and third-degree endangering the welfare of a child, N.J.S.A. 2C:24-4(a). After multiple delays in setting … 492 (2010). However, even considering the uncertified and unsupported allegations, defendant does not explain how these …
- STATE OF NEW JERSEY VS. LARRY M. NOEL (19-10-0128, BERGEN COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… a State indictment with second-degree luring or enticing a child, N.J.S.A. 2C:13-6(a); second-degree attempted sexual … and third-degree attempted endangering the welfare of a child-impairing or debauching the morals of a child, N.J.S.A. 2C:24-4(a) and :5-1(a). Bergen County was …
- njcourts.gov… use complies with zoning ordinances. In Society of the Holy Child Jesus v. City of Summit, 23 N.J. Tax 528 (Tax 2007), … which permitted only residential use. Society of the Holy Child Jesus, 23 N.J. Tax at 531. The Tax Court noted the … contribution to the public good. Society of the Holy Child Jesus, 418 N.J. Super. at 380. The court pointed out …
- njcourts.gov… a State indictment with second-degree luring or enticing a child, N.J.S.A. 2C:13-6(a); second-degree attempted sexual … and third-degree attempted endangering the welfare of a child-impairing or debauching the morals of a child, N.J.S.A. 2C:24-4(a) and :5-1(a). Bergen County was …
- njcourts.gov… (2019). We briefly set forth the facts material to our determination. Defendant's conviction arose from the January … and third-degree endangering the welfare of a child, N.J.S.A. 2C:24-4(a). After multiple delays in setting … 492 (2010). However, even considering the uncertified and unsupported allegations, defendant does not explain how these …
- 012869-2017 Opinionnjcourts.gov… use complies with zoning ordinances. In Society of the Holy Child Jesus v. City of Summit, 23 N.J. Tax 528 (Tax 2007), … which permitted only residential use. Society of the Holy Child Jesus, 23 N.J. Tax at 531. The Tax Court noted the … contribution to the public good. Society of the Holy Child Jesus, 418 N.J. Super. at 380. The court pointed out …
- 2C - Criminal Sexual Contact 2C:14-3b [2C:14-2c(1) through (5)] (certain offenses arising after May 10, 2019) (new) Charges Document PDFnjcourts.gov… any capacity over the victim. 2 First degree--parents and children; Second degree--grandparents, grandchildren, brothers and sisters; Third degree--uncles, aunts, nieces, nephews, great grandparents, great grandchildren. See generally, Smith v. Gaines, 36 N.J. Eq. 297 …
- STATE OF NEW JERSEY VS. RONALD M. IGLESIAS (14-04-0315, MORRIS COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… 2(c)(4); and third-degree endangering the welfare of a child, N.J.S.A. 2C:24- 4(a). The charges arose from the … REMAINING BASES FOR DENYING DEFENDANT'S PCR PETITION WERE UNSUPPORTED IN THE RECORD, RENDERING THE DENIAL AN ABUSE OF … ineffective assistance. We agree with the PCR court's determination as expressed in its thoughtful eighteen-page …