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… has been serving a life sentence. Id. at 189-90. Perry also committed fifty-four infractions during his incarceration, … the rehabilitative programs he enrolled in and argued these facts demonstrate change. He asserted he was going to take … Arbitrary and capricious action of administrative bodies means 9 A-1576-20 willful and unreasoning action, …
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… cases is limited. R. 1:36-3. 2 A-4811-18 dismissing her complaint alleging wrongful termination, hostile work … of implied contract. We affirm. We discern the following facts from the record. Plaintiff was diagnosed with a … that although plaintiff's performance was generally satisfactory, she had to issue a number of verbal warnings based …
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… 28, 2018 order, which prohibits defendant from having any communications with two of her children, and remand for … the existing FRO. I. This appeal arises from the following facts. The parties had a lengthy relationship and they had … the prior order in light of the passage of time and the fact that the children were no longer minors. After the …
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… LLC appeals from an October 17, 2019 order dismissing its complaint for summary dispossession and termination of a … also filed certifications in which they disputed the facts surrounding the negotiation and execution of the AML. … also filed a certification in which he disputed the salient facts. He certified "I do not converse in the English …
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… Defendant further argued that "a significant part of our community finds strip bars or go-go bars or . . . gentlemen … intoxication. Id. at 542-44. We concluded "[t]he mere fact that a driver had consumed some alcoholic beverages is … and his opinion impermissibly usurped the jury's role as fact-finder "by opining about defendant's guilt or …
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… in light of the applicable legal standards, we conclude the factual basis for the guilty plea was insufficient. Although … Defendant, in other words, did not admit to the underlying facts of an essential element of the DWI offense. We … 393, 403–04 (2015) (citing Manalapan Realty, L.P. v. Twp. Comm., 140 N.J. 366, 378 (1995)). The Court in Tate …
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… CURIAM Defendant G.O.-A.1 appeals from a December 5, 2018 fact-finding order, now final, that she and the children's … & Family Servs. v. L.L., 201 N.J. 210, 226 (2010). The facts are straight-forward and almost entirely undisputed. … E.K. tested positive for marijuana, and it was recommended he seek outpatient drug treatment. Defendant …
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… to suppress evidence in a criminal case must uphold the factual findings underlying the trial court's decision, … defense is unsuccessful; (3) the necessity that defendant comply with the rules of criminal procedure and the rules of … the questions he was asked and then instructed the jury: "Ladies and gentlemen, I’m instructing you that I’ve given him …
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… Party Plaintiff-Appellant, v. HARLEYSVILLE INSURANCE COMPANY, Third Party Defendant -Respondent. NOT FOR … Therefore, Harleysville should have investigated that fact and corrected the policy. 7 A-1448-19 On November 14, … reformation of the policy, the court reasoned: [T]he facts do not indicate an intent to insure anyone other than …
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… the litigation after the daughter turned eighteen. At the fact-finding hearings, the family part judge impermissibly … determinations and her testimony would be limited to the factual findings in the Yoo Report. 6 A-4522-19 While Dr. … and credibility determinations were an important component of any psychological evaluation. 4 Dr. Smarz …
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… to a seven-year prison term. Because the undisputed facts do not establish a reasonable articulable suspicion … remand for further proceedings. I. We glean the following facts from the record developed during the suppression … yet defendant was "looking . . . as if a vehicle would be coming . . . down the wrong way." Defendant was "carrying a …
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… concluding that there are genuine issues of material fact as to whether it had notice of the dangerous condition. … LLC, 226 N.J. 344, 349-50 (2016). That is, we consider the factual record, and reasonable inferences that can be drawn … 2005). As to this last point—the imposition of a duty—the common law on premises liability for residential property …
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… I THE TRIAL COURT ERRED IN CHARGING THE JURY CONCERNING ACCOMPLICE LIABILITY WHERE THE CO-DEFENDANTS DID NOT TESTIFY … WHEN THE DEFENSE WAS WARRANTED AND SUPPORTED BY THE FACTS. POINT III THE TRIAL COURT ABUSED ITS DISCRETION IN … I. The trial record reveals the following relevant facts. In November 2016, at approximately 6:40 p.m., an …
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… ALONE" -- A PATENTLY ERRONEOUS INSTRUCTION UNDER THE FACTS OF THIS CASE. POINT II DETECTIVE QUINN IMPROPERLY … OF STATE V. MCLEAN, OFFERING OPINIONS THAT INVADED THE FACT-FINDING PROVINCE OF THE JURY AND WHICH EXPRESSED VIEWS … factors found by the sentencing court were not based upon competent and credible evidence in the record; or (3) "the …
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… jeans, looked in McGhee's direction, shook hands with his companion, and walked away while "clutching something" with … sentence. We describe the judge's analysis of the statutory factors in that section of the opinion. On appeal, defendant … understanding the witness'[s] testimony or determining a fact in issue." "The central purpose of N.J.R.E. 701 is to …
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… A-1460-19 STATE OF NEW JERSEY, Plaintiff-Respondent, v. EDDIE V. DAVIS, Defendant-Appellant. _______________________ … for certification. State v. Davis, 233 N.J. 615 (2018). The facts underlying defendant's convictions are set forth in … his direct appeal, defendant argued the jury charge was not complete because the court did not provide the jury with an …
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… created through a subdivision. We affirm. I. The following facts are derived from the record. In 1928, three property … deed was subdivided into eighteen lots. A nineteenth lot is comprised of land both in the deed- restricted area and … opinion dated June 27, 2019 setting forth his findings of fact and conclusions of law. 7 A-0384-19 Judge Innes began …
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… for voluntary dismissal of their medical malpractice complaint or, alternatively, an order extending discovery. … any, show that there is no genuine issue as to any material fact challenged and that the moving party is entitled to a … the non-moving party, are sufficient to permit a rational factfinder to resolve the alleged disputed issue in favor of …
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… Poe argued the cause for appellant Reciprocal Attorney-In-Fact, Inc. (Epstein Becker & Green, PC, and O'Toole Scrivo, … the cause for amicus curiae The African American Chamber of Commerce of New Jersey (Gibbons PC, attorneys; Susan M. … constitutes improper rulemaking. Reciprocal Attorney-In-Fact, Inc. (RAF) for New Jersey Physicians United Reciprocal …
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… the Indictment is based reads in pertinent part: A person commits an offense if, he commits an act of (sexual … of direct proof but must ordinarily be inferred from the facts. Therefore, it is not necessary that the State produce … of direct proof but must ordinarily be inferred from the facts. Therefore, it is not necessary that the State produce …