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njcourts.gov
… steady long- standing deterioration,' is unsupported by any competent evidence in the record" and would require … will be granted if "there is no genuine issue of material fact and 'the moving party is entitled to a judgment or … To determine whether there are genuine issues of material fact, we consider "whether the competent evidential …
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njcourts.gov
… POINT TWO THIS MATTER MUST BE REMANDED FOR FINDINGS OF FACT AND CONCLUSIONS OF LAW ON [DEFENDANT'S] CLAIM THAT … ABOUT HIS LIFE SENTENCES AND FIND HIM GUILTY. Reviewing the factual inferences drawn by the PCR court from the record … probability" that the deficient performance affected the outcome. Fritz, 105 N.J. at 58. 5 A-3950-18T1 statement to the …
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njcourts.gov
… Precision Chrysler Jeep Dodge Ram, a Limited Liability Company, Defendants-Respondents/ Cross-Appellants, and BRUCE … the record reveals "no genuine issue as to any material fact" and "the moving party is entitled to a judgment or … should be denied when determination of material disputed facts depends primarily on credibility evaluations. Petersen …
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njcourts.gov
… Special Civil Part orders dismissing her small claims compliant against defendant Michael Pogorzhelsky d/b/a … orders and remand the matter for the trial court to make factual findings and legal conclusions to support its … testified he performed quality work as evidenced by the fact that after the work was done, he did a walk through …
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njcourts.gov
… 1 NOT TO BE PUBLISHED WITHOUT APPROVAL OF THE COMMITTEE ON OPINIONS SUPERIOR COURT OF NEW JERSEY CHANCERY … the Court to exercise sound discretion in light of the facts and circumstances of the particular case. See O’Connor … One, N.A. (“CONA”) returned the original note to Freddie Mac but had a valid assignment.1 However here, Plaintiff …
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njcourts.gov
… THAT SHE WAS OBLIGATED TO "VIEW THE TESTIMONY AND THE FACTS IN THE LIGHT MOST FAVORABLE TO THE . . . STATE" WHEN … BE REMANDED FOR RESENTENCING. We derive the following facts from the record. A grand jury indicted defendant for … a CDS (count five). On count one, the State agreed to recommend a mandatory extended-term of ten years with a …
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njcourts.gov
… STATE TROOPERS FRATERNAL ASSOCIATION; STATE TROOPERS NON-COMMISSIONED OFFICERS ASSOCIATION; and STATE TROOPERS … other things, of the Division's decision to suspend the factfinding process, discontinue paying step increases as … We conclude that the Division's decision, embodied in the quoted letter, does not constitute a final …
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njcourts.gov
… DOCKET NO. A-0105-16T4 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR HOLDERS OF THE GSAA HOME EQUITY … determines "there is no genuine issue as to any material fact challenged and that the moving party is entitled to a … evidentiary standard, are sufficient to permit a rational factfinder to resolve the alleged disputed issue in favor 5 …
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njcourts.gov
… 2C:41-2d, and N.J.S.A. 2C:5-2; first-degree conspiracy to commit murder, N.J.S.A. 2C:11-3a and N.J.S.A. 2C:5- 2; … inadequately investigated his case, he must assert the facts that an investigation would have 1 In New Jersey, the … meet this standard because he did not allege "any specific facts to demonstrate [c]ounsel's substandard performance[.]" …
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njcourts.gov
… appeals from the January 3, 2020 order, dismissing his complaint with prejudice for failure to state a claim. We … of restating the record, we incorporate by reference the facts set forth in our unpublished opinion, State v. Demby, … Apr. 4, 2008) (slip op. at 1-3), and only highlight the facts pertinent to this appeal. Plaintiff was convicted of …
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njcourts.gov
… (NJSP), appeals an order transferring his Law Division complaint to the Appellate Division, pursuant to Rule … Nonetheless, Sirakides argues the denial letters contain no factual or legal conclusions, no statement indicating the … action must be characterized by, "findings of fact, conclusions of law, a definitive ruling, and a…clear …
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njcourts.gov
… M. Silkowitz, Assistant Attorney General, of counsel; Jodie E. Van Wert, Deputy Attorney General, on the brief). … is from an order entered on March 7, 2014, following a fact-finding hearing on allegations of abuse or neglect … Permanency's (Division) unopposed request to dismiss its complaint. See N.J.S.A. 9:6-8.70.2 J.C. has five children, …
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njcourts.gov
… penalties were assessed. We affirm. We glean the following facts from the record. At about 3:00 a.m. on June 15, 2014, … uneven. Nonetheless, defendant claimed that he successfully completed the field sobriety tests and attributed the … BURDEN OF PROOF AS TO THE DATE OF THE OFFENSE, AN ESSENTIAL FACT NECESSARY TO ESTABLISH THE BASIS OF THE PROBABLE CAUSE …
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njcourts.gov
… 08033 Attorney No.: 037671995 Rfk@klineburgerandnussey.com Richard F. Klineburger, III, on the brief FILED, Clerk … PROCEDURAL HISTORY AND STATEMENT OF FACTS..........................2 STANDARD OF … T37 PROCEDURAL HISTORY AND STATEMENT OF FACTS1 The Defendant moves to appeal the granting of the …
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njcourts.gov
… and motion substantially for the reasons set forth in the comprehensive written opinion issued by Judge Edward J. … 2002 and the denial of his third PCR petition in 2022. The facts concerning defendant's conviction are summarized in … FINDINGS THAT THERE WERE NO MATERIAL ISSUES OF DISPUTED FACTS AND THAT AN EVIDENTIARY HEARING WAS NOT WARRANTED WERE …
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njcourts.gov
… for the reasons explained by the PCR judge in his comprehensive written opinion issued on January 30, 2024.1 … two counts under the Act, the judge found that neither the facts nor the law supported that claim. In terms of the facts, the judge found that it was undisputed that the …
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njcourts.gov
… -1- NOT FOR PUBLICATION WITHOUT APPROVAL OF THE TAX COURT COMMITTEE ON OPINIONS … CIMINO, J.T.C. Since there are disputed issues of material fact as to the use of the property, the court denies the … of a matter if there are disputed issues of material fact requiring a credibility determination. Brill v. …
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njcourts.gov
… for post-conviction relief (PCR). We affirm. The underlying facts concerning the offenses involved in this matter are … No. A-3528-16 (App. Div. Jan. 2, 2019). Therefore, those facts will not be repeated here. In that decision, we … to plead guilty to an offense he maintained he did not commit. See State v. Smullen, 118 N.J. 408, 415 (1990) …
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njcourts.gov
… without an evidentiary hearing. We affirm. The underlying facts concerning the offenses involved in this matter are … 1-4), certif. denied, 231 N.J. 118 (2017). Therefore, those facts will not be repeated here. In that decision, we … is based on the factual predicate that the defendant committed the 8 A-1803-20 offense but did not possess the …
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njcourts.gov
… op. at 1-3). Therefore, we need only summarize the salient facts. Judge Taylor presided over defendant's jury trial in … a pro se petition for PCR, claiming trial counsel failed to communicate with him, "only visited [him] once at the jail, … defendant [wa]s overwhelming and any issues of disputed facts c[ould] be resolved by reference to the existing …